Section 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.