§ 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.