N.Y. Mental Hygiene Law § 81.40: Court evaluator education requirements

§ 81.40 Court evaluator education requirements.

(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.