Bill > A09380

This bill modifies the Mental Hygiene Law to provide courts with more flexible authority regarding compensation for court evaluators in guardianship proceedings. Specifically, the bill expands the court's discretion to award reasonable compensation to court evaluators (including the Mental Hygiene Legal Service) regardless of the petition's outcome. Under the revised law, courts can now award compensation payable by the petitioner, the person alleged to be incapacitated, or their estate, in proportions the court determines to be fair. The bill also clarifies that if the person alleged to be incapacitated dies before a 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 aims to ensure that court evaluators can be fairly compensated for their work in guardianship matters, regardless of the specific circumstances or outcome of the legal proceeding.

Justice

https://www.nysenate.gov/legislation/bills/2025/A9380