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.