Effective Date: January 1, 2014
Previous Policy
As a general rule, emancipated individuals are capable of expressing intent unless they are significantly mentally impaired. However, different rules apply to individuals age 21 and over, and individuals under age 21. See Section 207-3 to determine the residency of adults age 21 and over, and Section 207-4 to determine the residency of children under age 21.
A person is not capable of expressing intent if:
He is judged legally incompetent; or
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
He is found incapable based on medical documentation received from a physician, psychologist, or other person licensed by Utah in the field of intellectual and developmental disorders; or
For individuals under age 21, see Section 207-4 .