“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,
Ê 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.