The Court Evaluator: The "Eyes and Ears" in a New York Article 81 Proceeding

The focus of every Article 81 (Adult Guardianship) Proceeding is the Alleged Incapacitated Person or "AIP," and for obvious reasons. The Proceeding is a protective one by its very nature and its objective is to determine whether the AIP is indeed Incapacitated and in need of a Guardian. An Adult Guardianship is a remedy of last resort and can be the least restrictive alternative for many vulnerable adults. 

The Petitioner has their attorney, as does the AIP. But there is one key figure and that is the Court Evaluator. Very often, they are an attorney. However, unlike most attorneys, they do not represent a party. They are a neutral, serving at the behest of the Court. They are investigators. They are the Court's "eyes and ears." 

This course will offer a deeper dive into what the Court Evaluator does and why it is the most influential and determinative role in an Article 81 Proceeding-and one not to be taken lightly.

Learning Objectives:

1. Explore the role of a Court Evaluator and why are they assigned in Article 81 Proceedings

2. Identify the scope of the powers conferred upon Court Evaluators by the Court

3. Define the obligations of a Court Evaluator

4. Define a Court Evaluator Report and determine how to write one 

5. Identify when a Court Evaluator is necessary post Article 81 Adjudication