Section 322.1. Incapacitated person; examination reports  


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  • 1.  At  any
      proceeding under this article, the court must issue an  order  that  the
      respondent be examined as provided herein when it is of the opinion that
      the  respondent  may  be  an  incapacitated  person. Notwithstanding the
      provisions of this or any other law,  the  court  may  direct  that  the
      examination  be  conducted on an outpatient basis when the respondent is
      not in custody at the time the court issues an order of examination. The
      court shall order that two qualified psychiatric examiners as defined in
      subdivision seven of  section  730.10  of  the  criminal  procedure  law
      examine  the  respondent  to  determine  if he is mentally ill, mentally
      retarded or developmentally disabled.
        2. If an order of examination has been issued pursuant to  subdivision
      one,  the  proceedings  shall be adjourned until the examination reports
      have been filed with the court. Every such report shall be filed  within
      ten  days  after  entry  of  such  order.    Upon  a  showing of special
      circumstances and a  finding  that  a  longer  period  is  necessary  to
      complete  the  examination and report, the court may extend the time for
      filing the examination report.
        3. Each report shall state the examiner's opinion as  to  whether  the
      respondent  is  or is not an incapacitated person, the nature and extent
      of his examination and, if he finds the respondent is  an  incapacitated
      person,  his  diagnosis  and  prognosis  and a detailed statement of the
      reasons for his opinion by making particular reference to those  aspects
      of  the  proceedings wherein the respondent lacks capacity to understand
      or to assist in his own defense. The chief administrator of  the  courts
      shall prescribe the form for the examination report.