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This entry was published on 2014-09-22
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Burden and quantum of proof
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 81
§ 81.12 Burden and quantum of proof.

(a) A determination that a person is incapacitated under the
provisions of this article must be based on clear and convincing
evidence. The burden of proof shall be on the petitioner.

(b) The court may, for good cause shown, waive the rules of evidence.
The report of the court evaluator may be admitted in evidence if the
court evaluator testifies and is subject to cross examination; provided,
however, that if the court determines that information contained in the
report is, in the particular circumstance of the case, not sufficiently
reliable, the court shall require that the person who provided the
information testify and be subject to cross examination.