Provides that certain individuals who are involved in a guardianship proceeding pursuant to article 81 of the mental hygiene law shall have certain services obtained on their behalf if they are financially unable to obtain such services on their own, including the appointment of an individual to carry out the duties of a court evaluator or court examiner.
S T A T E O F N E W Y O R K
________________________________________________________________________
11397
I N A S S E M B L Y
May 15, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Ramos) --
(at request of the Unified Court System) -- read once and referred to
the Committee on Judiciary
AN ACT to amend the county law, in relation to compensation of individ-
uals appointed by the court in guardianship proceedings pursuant to
article 81 of the mental hygiene law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 722-c of the county law, as amended by section 2 of
part GG of chapter 56 of the laws of 2023, is amended to read as
follows:
§ 722-c. Services other than counsel. Upon a finding in an ex parte
proceeding that investigative, expert or other services are necessary
and that the defendant or other person described in section two hundred
forty-nine or section two hundred sixty-two of the family court act,
article six-C of the correction law [or], section four hundred seven of
the surrogate's court procedure act OR ARTICLE EIGHTY-ONE OF THE MENTAL
HYGIENE LAW, is financially unable to obtain them, the court shall
authorize counsel, whether or not assigned in accordance with a plan, to
obtain the services on behalf of the defendant or such other person OR,
PURSUANT TO SECTION 81.09 OR SUBDIVISIONS (C) AND (D) OF SECTION 81.32
OF THE MENTAL HYGIENE LAW, APPOINT AN ELIGIBLE INDIVIDUAL TO CARRY OUT
THE DUTIES OF A COURT EVALUATOR OR COURT EXAMINER. The court upon a
finding that timely procurement of necessary services could not await
prior authorization may authorize the services nunc pro tunc. The court
shall determine reasonable compensation for the services and direct
payment to the person who rendered them or to the person entitled to
reimbursement. Only in extraordinary circumstances may the court provide
for compensation in excess of three thousand dollars per investigative,
expert or other service provider.
Each claim for compensation shall be supported by a sworn statement
specifying the time expended, services rendered, expenses incurred and
reimbursement or compensation applied for or received in the same case
from any other source.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
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