1. The Laws of New York
  2. Consolidated Laws
  3. Mental Hygiene
  4. Title E: General Provisions
  5. Article 81: Proceedings for Appointment of a Guardian for Personal Needs or Property Management


Section 81.40 Court evaluator education requirements

Mental Hygiene (MHY)

  (a) Each incapacitated person is entitled to a court evaluator whom the court finds to be sufficiently capable of performing the duties of a court evaluator necessary to ensure that all the relevant information regarding a petition for the appointment of a guardian comes before the court and to assist the court in reaching a decision regarding the appointment of a guardian.

  (b) Each person appointed by the court to be an evaluator must complete a training program approved by the chief administrator which covers:

  1. the legal duties and responsibilities of the court evaluator;

  2. the rights of the incapacitated person with emphasis on the due process rights to aid the court evaluator in determining his or her recommendation regarding the appointment of counsel and the conduct of the hearing;

  3. the available resources to aid the incapacitated person;

  4. an orientation to medical terminology, particularly that related to the diagnostic and assessment procedures used to characterize the extent and reversibility of any impairment;

  5. entitlements;

  6. psychological and social concerns relating to the disabled and frail older adults.

  (c) The court may, in its discretion, waive some or all of the requirements of this section or impose additional requirements. In doing so, the court shall consider the experience and education of the court evaluator with respect to the training requirements of this section.