Bill > S08086

This bill modifies the Mental Hygiene Law to provide more flexible guidelines for compensating court evaluators in guardianship proceedings. Currently, the law allows courts to award reasonable compensation to court evaluators (who investigate and report on cases involving potentially incapacitated individuals) in different scenarios. The bill expands the court's discretion by allowing compensation to be paid by the petitioner, the person alleged to be incapacitated, or the estate of the allegedly incapacitated person, in proportions the court determines to be fair. The bill also clarifies that if the person alleged to be incapacitated dies before a final determination is made, the court can still award compensation to the court evaluator, which can be paid by the petitioner, the decedent's estate, or both. This change provides courts with more flexibility in managing compensation for court evaluators and ensures they can be appropriately compensated even if the original guardianship proceeding does not result in a final judgment.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/S8086