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Assembly Bill A9380

2025-2026 Legislative Session

Relates to compensation of individuals appointed by the court as court evaluators in guardianship matters

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Current Bill Status - In Assembly Committee

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2025-A9380 (ACTIVE) - Details

See Senate Version of this Bill:
S8086
Current Committee:
Assembly Judiciary
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.09, Ment Hyg L

2025-A9380 (ACTIVE) - Summary

Relates to compensation of individuals appointed by the court as court evaluators in guardianship matters.

2025-A9380 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9380
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 19, 2025
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to amend the mental hygiene law, in relation to compensation of
   individuals appointed by the court as court evaluators in guardianship
   matters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (f) of section 81.09 of the mental hygiene law,
 as amended by chapter 438 of the laws of 2004, is  amended  to  read  as
 follows:
   (f)  [When  judgment  grants  a  petition,  the] THE court may award a
 reasonable compensation to  a  court  evaluator,  including  the  mental
 hygiene  legal  service,  payable  by  ANY OR ALL OF THE PETITIONER, THE
 PERSON ALLEGED TO BE INCAPACITATED OR the estate of the allegedly  inca-
 pacitated  person[.  When a judgment denies or dismisses a petition, the
 court may award a reasonable allowance to a court  evaluator,  including
 the  mental  hygiene  legal service, payable by the petitioner or by the
 person alleged to be incapacitated, or both], in such proportions as the
 court may deem just.  When the person alleged to be  incapacitated  dies
 before  the determination is made in the proceeding, the court may award
 a reasonable allowance to a court evaluator, payable by  the  petitioner
 or  by the estate of the decedent, or by both in such proportions as the
 court may deem just.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13156-01-5

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