203-2 Who is Capable of Expressing Intent?

Effective Date: January 1, 2014

 

As a general rule, emancipated individuals are capable of expressing intent unless they are significantly mentally impaired.   See section 203-4 

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 development disorders; or

For individuals under age 21, see Section 203-4.)