§ 20-49-101 - Definitions.

20-49-101. Definitions.

As used in this chapter, unless the context otherwise requires:

(1) "Court" shall mean probate court;

(2) "Guardian" shall mean one appointed to have the care and custody of the person of an incompetent;

(3) "Incompetent" shall mean a person as to whom it is proved:

(A) He or she is incapable of caring for himself or herself by reason of mental retardation, mental illness, imbecility, idiocy, or other mental incapacity;

(B) He or she manifests sexual inclinations which make it probable that he or she will procreate children unless he or she is rendered incapable of procreation; and

(C) There is no probability that his or her condition will improve so that he or she will become capable of caring for himself or herself.