Burden and quantum of proof

§ 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