(a)Incapacity
A person is considered incapacitated in any of the following circumstances.
(1)The Opinion of Two Licensed Physicians
An individual is considered to be incapacitated whenever two licensed physicians give the opinion that the individual is unable to effectively manage his or her property or financial affairs, whether as a result of age; illness; use of prescription medications, drugs, or other substances; or any other cause. If an individual whose capacity is in question refuses to provide necessary documentation or otherwise submit to examination by licensed physicians, that individual will be considered incapacitated.
An individual is considered restored to capacity whenever the individual’s personal or attending physician provides a written opinion that the individual is able to effectively manage his or her property and financial affairs.
(1)Court Determination
An individual is considered incapacitated if a court of competent jurisdiction has declared the individual to be disabled, incompetent, or legally incapacitated.
(1)Detention, Disappearance, or Absence
An individual is considered to be incapacitated whenever he or she cannot effectively manage his or her property or financial affairs due to the individual’s unexplained disappearance or absence for more than 30 days, or whenever he or she is detained under duress.
An individual’s disappearance, absence, or detention under duress may be established by an affidavit of my Trustee, or by the affidavit of any beneficiary if no Trustee is then serving. The affidavit must describe the circumstances of the individual’s disappearance, absence, or detention, and may be relied upon by any third party dealing in good faith with my Trustee.
