New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter IV - Supreme Court
Subchapter C - Third Judicial Department
Article 1 - Appellate Division
Subarticle B - Attorneys
Part 806 - Conduct of Attorneys
Section 806.30 - Examiners of reports of guardians, committees and conservators Pursuant to Mental Hygiene Law article 81
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 806.30
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Appointment.
Annually in the month of December, the presiding justice shall appoint examiners of the reports of guardians, as well as of committees and conservators appointed prior to April 1, 1993, in accordance with Mental Hygiene Law section 81.32(b).
(b) Duties of examiners.
(1) The examiner appointed by the presiding
justice shall examine initial and annual reports within the times and in the
manner required by Mental Hygiene Law section 81.32(a).
(2) The examiner shall file a report, with
regard to an initial report of a guardian, within 60 days after the filing of
such report. With respect to an annual report filed in the month of May, the
examiner's report shall be filed on or before September 15th of the same year.
When a court has authorized the filing of an annual report at any other time,
the examiner's report shall be filed within 90 days thereafter. Examiner's
reports shall be in the form prescribed by the order appointing the
examiner.
(3) Examiner's reports
shall, on five days notice to the guardian, committee or conservator, be filed
in the office of the clerk of the court which appointed the guardian, committee
or conservator. A copy of the examiner's report shall, within five days of the
date of such filing, also be filed with the office of the clerk of the
Appellate Division, Third Department.
(4) If a guardian, committee or conservator
shall fail to file a report within the time specified by law, or shall file an
incomplete report, the examiner shall serve a demand and take the other steps
necessary to insure compliance as set forth in Mental Hygiene Law section
81.32(c) and (d).
(5) In his or her
discretion, the examiner may examine the guardian, committee or conservator and
other witnesses under oath and reduce their testimony to writing.
(c) Compensation.
(1) For examination of an initial report, an
examiner shall be entitled to a fee of $100 for estates having a net value of
$5,000 or less and of $150 for all other estates, and to reimbursement for
necessary and reasonable disbursements.
(2) For examination of an annual report, an
examiner shall be entitled to reimbursement for necessary and reasonable
disbursements and to a fee fixed in accordance with the following schedule:
| Closing balance of estate examined: | Fee: |
| Up to $5,000 | $150 |
| 5,001 - 25,000 | 250 |
| 25,001 - 50,000 | 300 |
| 50,001 - 100,000 | 500 |
| 100,001 - 150,000 | 650 |
| 150,001 - 225,000 | 800 |
| 225,001 - 350,000 | 950 |
| 350,001 - 500,000 | 1,100 |
| 500,001 - 750,000 | 1,250 |
| 750,001 - 1,000,000 | 1,400 |
| Over 1,000,000 | Additional fee of $30 for each $25,000 in net value over $1,000,000, with a maximum fee of $5,000 |
| The fee shall be computed on the net value of the estate at the end of the calendar year for which the guardian's report has been submitted. A fee in excess of the amount set forth in the above schedule may be awarded upon a showing of extraordinary circumstances. | |
(3) The fee for examination of annual reports
filed for previous years shall be fixed on a quantum meruit basis.
(4) The examiner's claim for a fee and
disbursements in estates of up to $5,000 shall be made by standard State
voucher and shall be approved by the presiding justice or his or her designee.
In estates of more than $5,000, the examiner's claim for a fee and
disbursements shall be set forth in the examiner's report and shall be approved
by order of the presiding justice for payment by the estate.
(5) Within 15 days after receipt of an order
directing payment by the estate of the examiner's fee and disbursements, the
guardian, committee or conservator may, by written request, upon notice to the
examiner, apply to the presiding justice for review and reconsideration of any
allowance deemed excessive.
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