New York § 81.40 Court evaluator education requirements

New York Statutes

§ 81.40 — Court evaluator education requirements

New York § 81.40

Law MHYMental Hygiene

Title EGeneral Provisions

Art. 81Proceedings For Appointment of a Guardian For Personal Needs or Property Management

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Bluebook

N.Y. Mental Hygiene § 81.40 (2026).

Text

§ 81.40 Court evaluator education requirements.\n  (a) Each incapacitated person is entitled to a court evaluator whom\nthe court finds to be sufficiently capable of performing the duties of a\ncourt evaluator necessary to ensure that all the relevant information\nregarding a petition for the appointment of a guardian comes before the\ncourt and to assist the court in reaching a decision regarding the\nappointment of a guardian.\n  (b) Each person appointed by the court to be an evaluator must\ncomplete a training program approved by the chief administrator which\ncovers:\n  1. the legal duties and responsibilities of the court evaluator;\n  2. the rights of the incapacitated person with emphasis on the due\nprocess rights to aid the court evaluator in determining his or her\nrecommendatio

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§ 81.40 Court evaluator education requirements.\n (a) Each incapacitated person is entitled to a court evaluator whom\nthe court finds to be sufficiently capable of performing the duties of a\ncourt evaluator necessary to ensure that all the relevant information\nregarding a petition for the appointment of a guardian comes before the\ncourt and to assist the court in reaching a decision regarding the\nappointment of a guardian.\n (b) Each person appointed by the court to be an evaluator must\ncomplete a training program approved by the chief administrator which\ncovers:\n 1. the legal duties and responsibilities of the court evaluator;\n 2. the rights of the incapacitated person with emphasis on the due\nprocess rights to aid the court evaluator in determining his or her\nrecommendation regarding the appointment of counsel and the conduct of\nthe hearing;\n 3. the available resources to aid the incapacitated person;\n 4. an orientation to medical terminology, particularly that related to\nthe diagnostic and assessment procedures used to characterize the extent\nand reversibility of any impairment;\n 5. entitlements;\n 6. psychological and social concerns relating to the disabled and\nfrail older adults.\n (c) The court may, in its discretion, waive some or all of the\nrequirements of this section or impose additional requirements. In doing\nso, the court shall consider the experience and education of the court\nevaluator with respect to the training requirements of this section.\n