§ 81.12 Burden and quantum of proof.\n (a) A determination that a person is incapacitated under the\nprovisions of this article must be based on clear and convincing\nevidence. The burden of proof shall be on the petitioner.\n (b) The court may, for good cause shown, waive the rules of evidence.\nThe report of the court evaluator may be admitted in evidence if the\ncourt evaluator testifies and is subject to cross examination; provided,\nhowever, that if the court determines that information contained in the\nreport is, in the particular circumstance of the case, not sufficiently\nreliable, the court shall require that the person who provided the\ninformation testify and be subject to cross examination.\n
N.Y. Mental Hyg. Law § 81.12
Burden and quantum of proof
Applied in 5 court decisions — leading case Matter of Deborah P. (Marie F.) (2015)
Most recently applied in Matter of Carolyn S. (Gaylor) (March 2021)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.