1. The Laws of New York
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  3. Surrogate's Court Procedure
  4. Article 4: Appearance; Protection of Persons Under Disability; Counsel for Indigent Adults In Surrogate's Court Proceedings


Section 405 Compensation of guardian ad litem 1

Surrogate's Court Procedure (SCP)

Compensation of guardian ad litem

  1. For services rendered a guardian ad litem shall receive reasonable compensation to be allowed by the court payable from any or all of the following, in such proportion as directed by the court:

  (a) the estate,

  (b) the interest of the person under disability, or

  (c) for good cause shown, any other party.

  2. The court may direct that the fixation of the amount of compensation be reserved for future determination.

  3. If an infant, incompetent or conservatee appears by his guardian, committee or conservator pursuant to 402 the court may allow the guardian, committee or conservator such sum as the court deems reasonable for his counsel fees and other expenses incurred in protection of the infant's, incompetent's, or conservatee's interest subject to the same requirements in the case of a guardian ad litem of the provisions of the preceding subdivisions of this section.

  4. The provisions of this section shall not apply to guardians ad litem appointed by the court pursuant to section four hundred three-a of this chapter.