When a party petitions a court in New York for the appointment of a guardian of an alleged incapacitated person (AIP), Article 81 requires the court to appoint a court evaluator, typically from a list of qualified attorneys and other professionals certified by the Office of Court Administration.1 Court evaluators are commonly referred to as the eyes and ears of the court, meaning they are tasked with acting as impartial investigators who make recommendations in order to help the court satisfy its responsibility of determining whether the appointment of a guardian for the AIP is necessary “based on clear and convincing evidence.”2
To make such recommendations, court evaluators are required to interview different parties; assess the capacity of the AIP by meeting with the AIP and review medical information; identify the AIP’s available resources; and engage in any other background investigative measures to provide the court with as much relevant information as possible.3
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