Obsolete 0114 - 207-2 Who is Capable of Expressing Intent

End Date:  December 31, 2013

No previous policy

As a general rule, emancipated individuals are capable of expressing intent unless they are significantly mentally impaired.  See Section 207-3 to determine the residency of adults who are not capable of expressing intent and Section 207-4 to determine the residency of unemancipated children.

A person is not capable of expressing intent if:

1. He is judged legally incompetent; or

2. He has an IQ of 49 or less, or has a mental age of 7 or less, according to tests acceptable to the Division of Services for People with Disabilities; or

3. He is found incapable based on medical documentation received from a physician, psychologist, or other person licensed by Utah in the mental retardation field; or

4. He is an unemancipated child.  (See Section 207-4.)