N.Y. Comp. Codes R. & Regs. tit. 22 § 36.1

Current through Register Vol. 46, No. 19, May 8, 2024

Section 36.1 - Application

(a) Except as set forth in subdivision (b) of this section, this Part shall apply to the following appointments made by any judge or justice of the Unified Court System:

(1) guardians;

(2) guardians ad litem, including guardians ad litem appointed to investigate and report to the court on particular issues, and their counsel and assistants;

(3) attorneys for the child who are not paid from public funds, in those judicial departments where their appointments are authorized;

(4) court evaluators;

(5) attorneys for alleged incapacitated persons;

(6) court examiners;

(7) supplemental needs trustees;

(8) receivers;

(9) referees (other than special masters and those otherwise performing judicial functions in a quasi-judicial capacity);

(10) the following persons performing services for guardians or receivers:

(i) counsel;

(ii) accountants;

(iii) auctioneers;

(iv) appraisers;

(v) property managers; and

(vi) real estate brokers; and

(11) a public administrator within the City of New York and for the Counties of Westchester, Onondaga, Erie, Monroe, Suffolk and Nassau and counsel to the public administrator, except that only sections 36.2(c) and 36.4(f) of this Part shall apply, and that section 36.2(c) of this Part shall not apply to incumbents in these positions until one year after the effective date of this paragraph.

(b) Except for section 36.2(c)(6) and (7) of this Part, this Part shall not apply to:

(1) appointments of attorneys for the child pursuant to section 243 of the Family Court Act, guardians ad !item pursuant to section 403-a of the Surrogate's Court Procedure Act, or the Mental Hygiene Legal Service;

(2) the appointment of, or the appointment of any persons or entities performing services for, any of the following:

(i) a guardian who is a relative of:

(a) the subject of the guardianship proceeding; or

(b) the beneficiary of a proceeding to create a supplemental needs trust; a person or entity nominated as guardian by the subject of the proceeding or proposed as guardian by a party to the proceeding; a supplemental needs trustee nominated by the beneficiary of a supplemental needs trust or proposed by a proponent of the trust; or a person or entity having a legally recognized duty or interest with respect to the subject of the proceeding;

(ii) a guardian ad litem nominated by an infant of 14 years of age or over; or a guardian ad litem appointed pursuant to Article 12 of the Civil Practice Law and Rules, who is an uncompensated friend or relative of a party incapable of adequately prosecuting or defending the party's rights;

(iii) a nonprofit institution performing property management or personal needs services, or acting as court evaluator, attorney for an alleged incapacitated person, or guardian ad litem;

(iv) a bank or trust company as a depository for funds or as a supplemental needs trustee;

(v) except as set forth in section 36.l(a)(11), a public official vested with the powers of an administrator;

(vi) a person or institution whose appointment is required by law; or

(vii) a physician whose appointment as a guardian ad litem is necessary where emergency medical or surgical procedures are required; or

(3) an appointment other than above without compensation, except that the appointee must file a notice of appointment pursuant to section 36.4(b) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 36.1

Amended New York State Register April 19, 2017/Volume XXXIX, Issue 16, eff.4/19/2017

Amended New York State Register November 14, 2018/Volume XL, Issue 46, eff. 11/14/2018

Amended New York State Register March 24, 2021/Volume XLIII, Issue 12, eff. 3/24/2021

Amended eff. 6/9/2022.

Amended New York State Register July 6, 2022/Volume XLIV, Issue 27, eff. 7/6/2022