(a) A request for reinstatement of a policy under this chapter and proof of mental incapacity may be filed with the insurer by:
(1) the insured;
(2) the insured's legal guardian or other legal representative; or
(3) the legal representative of the insured's estate.
(b) The request and the proof of mental incapacity must be filed not later than the first anniversary of the date the policy lapses.