An applicant/participant will be considered incapable of declaring intent if the applicant/participant:
- has an I.Q. of 49 or less or has a mental age of 7 or less, based on tests acceptable to the mental retardation agency in the State;
- is judged legally incompetent; or
- is found incapable of indicating intent based upon medical documentation obtained from a physician, psychologist, or other person licensed by the State in the field of mental retardation.
NOTE: A separate medical evaluation or legal opinion is not necessary if this can be determined from medical information or copies of legal documents already maintained in the case record.