Section 81.40. Court evaluator education requirements  


Latest version.
  • (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.