A Person under disability is defined as which of the following?

• A. An infant, an incompetent, an incapacitated person, unknown or whose whereabouts are unknown or confined as a prisoner who fails to appear due to confinement in a penal institution.
• B. A person who is fully competent.
• C. A person who resides outside the state.
• D. A person who is a beneficiary.

Answer: (A)

A person under disability is someone who cannot participate in court proceedings because they lack capacity or are not available. This includes an infant (a minor) and adults who are incompetent or incapacitated and cannot manage their own affairs. It also covers situations where the person’s location is unknown or they are confined in a prison and cannot appear. The listed description directly matches these conditions, ensuring the court can proceed or protect the interested party when participation isn’t possible. Being fully competent, residing outside the state, or simply being a beneficiary do not describe disability for purposes of court proceedings.