Determination of Incapacity Sample Clauses

Determination of Incapacity. Any administrator may be required to take involuntary leave when it has become apparent to the President that the individual is no longer able physically and/or mentally to discharge the duties of his/her position in a competent professional manner.
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Determination of Incapacity. In all cases, the court shall consider and make specific findings of fact concerning:
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Determination of Incapacity. 1. If the Grantor becomes physically or mentally incapacitated, the successor trustee named in Article VIII shall become trustee. Grantor shall be considered incapacitated and no longer able to serve as Trustee if a court of competent jurisdiction finds Grantor to no longer be able to manage his or her financial affairs, or if it is the opinion of a qualified physician, who has examined the Grantor, that the Grantor is unable to manage his personal and financial affairs.
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Determination of Incapacity. If at any time the Trustee shall receive a written statement signed by a Trustor’s personal physician (or a specialist approved by Trustor’s personal physician, or any two other licensed physicians) stating that he consider a Trustor to be so mentally or physically incapacitated as to be substantially unable to manage his financial resources and affairs effectively or to resist fraud or undue influence, and if the Trustee other than such Trustor shall concur in any such statement and shall file a similar statement in the records of the trust, then, whether or not such Trustor may have been adjudicated or certified an incapacitated or incompetent person and notwithstanding any contrary direction from such Trustor, such Trustor shall be considered to be incapacitated; provided, however, that if a court of competent jurisdiction has within a reasonable time made a finding on such matter, such judicial finding shall control.
Sample 1
Determination of Incapacity. 1. If the Grantor becomes physically or mentally incapacitated, the successor trustee named in Article VIII shall become trustee. Grantor shall be considered incapacitated and no longer able to serve as Trustee if a court of competent jurisdiction finds Grantor to no longer be able to manage his or her financial affairs, or if it is the opinion of a qualified physician, who has examined the Grantor, that the Grantor is unable to manage his personal and financial affairs. 2. The successor trustee shall manage the Trust, pursuant to the terms of paragraph B below, until the grantor has regained capacity to manage his or her financial affairs. Grantor’s capacity to manage his financial affairs shall be made in the same manner his incapacitation was determined. B.
Sample 1
Determination of Incapacity. For all purposes under this Power, I shall be deemed "incapacitated" if and so long as a court of competent jurisdiction has made a finding to that effect or a guardian or conservator of my person or estate duly appointed by a court of competent jurisdiction is serving, [optional: or upon certification by two physicians (licensed to practice under the laws of the state where I am domiciled at the time of the certification)] [optional:, or when a committee composed of: (1) one physician (licensed to practice under the laws of the state where I am domiciled at the time of the certification), (2) [insert name] or if he or she is unable or unwilling to act [insert name], and (3) any of my children who have attained age eighteen and are not otherwise serving on the committee, or if any one or more of them is unable or refuses to act, the other named individuals, acting unanimously, certified [by majority vote]] that I am unable properly to care for myself or for my person or property, which certification shall be made by each [physician or committee member] in a written declaration under penalty of perjury. A certified copy of the decree declaring incapacity or appointing a guardian or conservator, or the [physicians' or committee members’] certificate[s] shall be attached to the original of this document and recorded in the same county or counties as the original if the original is recorded.
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Related to Determination of Incapacity

  • Notification of Incidents If Contractor becomes aware of or has reasonable suspicion of a privacy incident or security incident regarding any State data, Contractor must report such incident to the State and the State Chief Information Security Officer as soon as possible, but no later than twenty-four (24) hours after such incident. The decision to notify the affected data subjects and the form of such notice following report of a privacy incident or security incident are the responsibility of the State. Notwithstanding anything to the contrary in this Contract, Contractor will indemnify, hold harmless and defend the State and its officers, and employees for and against any claims, damages, costs and expenses related to any privacy incident or security incident involving any State data. For purposes of clarification, the foregoing sentence shall in no way limit or diminish Contractor’s obligation(s) to indemnify, save, hold harmless, or defend the State under any other term of this Contract. Contractor will reasonably mitigate any harmful effects resulting from any privacy incident or security incident involving any State data.

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