{"jurisdiction": "us-ny", "code": "mhl", "section": "81.12", "citation": "MHL § 81.12", "heading": "Burden and quantum of proof", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/MHY/81.12", "from_official_api": true, "plain_english": "Incapacity must be shown by **clear and convincing evidence**, and the **burden is on the petitioner**. ★ The court may waive the rules of evidence for good cause; the evaluator's report may be admitted **if the evaluator testifies and is cross-examined** (and unreliable info triggers a requirement that the source testify).", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/mhl/81.12", "publisher": "Elyphived LLC"}