§ 81.09 Appointment of court evaluator.\n (a) At the time of the issuance of the order to show cause, the court\nshall appoint a court evaluator.\n (b) 1. the court may appoint as court evaluator any person including,\nbut not limited to, the mental hygiene legal service in the judicial\ndepartment where the person resides, a not-for-profit corporation, an\nattorney-at-law, physician, psychologist, accountant, social worker, or\nnurse, with knowledge of property management, personal care skills, the\nproblems associated with disabilities, and the private and public\nresources available for the type of limitations the person is alleged to\nhave. The name of the court evaluator shall be drawn from a list\nmaintained by the office of court administration;\n 2. if the court appoints the mental hygiene legal service as the\nevaluator and upon investigation in accordance with section 81.10 of\nthis article it appears to the mental hygiene legal service that the\nmental hygiene legal service represents the person alleged to be\nincapacitated as counsel, or that counsel should otherwise be appointed\nin accordance with section 81.10 of this article for the person alleged\nto be incapacitated, the mental hygiene legal service shall so report to\nthe court. The mental hygiene legal service shall be relieved of its\nappointment as court evaluator whenever the mental hygiene legal service\nrepresents as counsel, or is assigned to represent as counsel, the\nperson alleged to be incapacitated.\n (c) The duties of the court evaluator shall include the following:\n 1. meeting, interviewing, and consulting with the person alleged to be\nincapacitated regarding the proceeding.\n 2. determining whether the alleged incapacitated person understands\nEnglish or only another language, and explaining to the person alleged\nto be incapacitated, in a manner which the person can reasonably be\nexpected to understand, the nature and possible consequences of the\nproceeding, the general powers and duties of a guardian, available\nresources, and the rights to which the person is entitled, including the\nright to counsel.\n 3. determining whether the person alleged to be incapacitated wishes\nlegal counsel of his or her own choice to be appointed and otherwise\nevaluating whether legal counsel should be appointed in accordance with\nsection 81.10 of this article.\n 4. interviewing the petitioner, or, if the petitioner is a facility or\ngovernment agency, a person within the facility or agency fully familiar\nwith the person's condition, affairs and situation.\n 5. investigating and making a written report and recommendations to\nthe court; the report and recommendations shall include the court\nevaluator's personal observations as to the person alleged to be\nincapacitated and his or her condition, affairs and situation, as well\nas information in response to the following questions:\n (i) does the person alleged to be incapacitated agree to the\nappointment of the proposed guardian and to the powers proposed for the\nguardian;\n (ii) does the person wish legal counsel of his or her own choice to be\nappointed or is the appointment of counsel in accordance with section\n81.10 of this article otherwise appropriate;\n (iii) can the person alleged to be incapacitated come to the\ncourthouse for the hearing;\n (iv) if the person alleged to be incapacitated cannot come to the\ncourthouse, is the person completely unable to participate in the\nhearing;\n (v) if the person alleged to be incapacitated cannot come to the\ncourthouse, would any meaningful participation result from the person's\npresence at the hearing;\n (vi) are available resources sufficient and reliable to provide for\npersonal needs or property management without the appointment of a\nguardian;\n (vii) how is the person alleged to be incapacitated functioning with\nrespect to the activities of daily living and what is the prognosis and\nreversibility of any physical and mental dis
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.