DMR.3.5.080 Standards for Determining Incapacity

No finding that a ward is incapable of managing his or her own affairs may be based on physical incapacity alone. A finding that a ward is incapable of managing his or her own affairs may be based on development disabilities; degeneration of the brain associated with aging; or organic brain damage, defect, or injury. Such a finding may also be based on inability to care for oneself based on serious and sustained abuse of alcohol or other drugs. Such a finding may also be based on the proposed ward's inability to control income and assets such as to the subject the proposed ward to risk of exploitation by others, or to endanger the health, life, or property of the proposed ward.