"Incapacity" means the inability of an individual to manage property or business affairs because the individual:
1. Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
2. Is:
(a) Missing;
(b) Detained, including incarcerated in a penal system; or
(c) Outside the United States and unable to return,
as determined by a court of competent jurisdiction or, if an instrument executed pursuant to this chapter specifically provides a different method for determining the incapacity of an individual for the purposes of this chapter, as determined by the method set forth in that instrument.
(Added to NRS by 2009, 175; A 2019, 2186)