REQUIREMENTS FOR DETERMINATION OF A
PERSON’S INCAPABILITY TO INDICATE INTENT
§ 148.71. Determination of a person’s incapability to indicate intent.
A person is determined incapable of indicating intent if the person:
(1) Has an I. Q. of 49 or less, or has a mental age of 7 or less, based on tests acceptable to the Office of Mental Retardation.
(2) Is judged legally incompetent by a court of law.
(3) Is found incapable of indicating intent based on medical documents obtained from a physician, psychologist or a person licensed by the State in the field of mental retardation.
Cross References This section cited in 55 Pa. Code § 148.31 (relating to noninstitutionalized persons 21 years of age or older); and 55 Pa. Code § 148.51 (relating to institutionalized persons 21 years old or older).
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