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3.2 Intent To Reside

The intent to reside requirement applies to any adult age 18 or older who is capable of indicating intent.  An adult is incapable of, and thus exempt from, indicating intent when:


  1. He or she is judged legally incompetent by a court of record; or

  2. His or her I.Q. is 49 or less or he or she has a mental age of 7 or less, based on tests acceptable to Wisconsin's Department of Health Services ( DHS ); or

  3. Medical documentation obtained from a physician, psychologist, or other person licensed by Wisconsin in the field of developmental disability supports a finding that he or she is incapable of indicating intent.  


“Intent to reside” does not mean an intent to stay permanently or indefinitely in the State, nor does it require an intent to reside at a fixed address.




This page last updated in Release Number: 13-02

Release Date: 10/25/13

Effective Date: 10/01/13