Mental Hygiene Law § 81.12 · Article 81. Proceedings For Appointment of a Guardian For Personal Needs or Property Management
Burden and quantum of proof
Text — Law content up to date as of June 26, 2026, as published by the New York State Senate (Open Legislation)
§ 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.
Source of truth
- Edition
- Law content up to date as of June 26, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/MHY81.12
- Text hash
- sha256 5368282c9de3ac92083e1c86e6192f426f211e0a57e49642865a704b2e6cbfa4
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.