Guardianship Serving Families Throughout New York
  • FAQ

    • Are Court Examiners my personal attorney or attorney for the Incapacitated Person/Person In Need of a Guardian?

      Neither. Even though Court Examiners generally are attorneys, they do not represent anyone in the proceeding. No attorney client relationship is formed and any information provided shall not be deemed legal advice. 

    • Can Court Examiners extend deadlines?
      No, Court Examiners are not authorized to extend deadlines under the Mental Hygiene Law. If a report is not filed in a timely manner, a hearing and/or conference will be scheduled with the Judge or Court attorney referee to determine how the matter should be handled.
    • Can a guardian reimburse themselves without a Court Order?

      No, all expense beyond nominal expenses (Postage, notary stamps, copies etc.) must be approved by Court Order. A reimbursement request can be made with the initial report, annual report or short form order (SFO). The reimbursement request should include proof of payment.

    • Can a guardian pay a professional such as an accountant, lawyer, real estate agent, without a Court Order?
      No, a lay guardian may retain a professional without a Court Order, but any fees to them must be preapproved by the Court. The professional must provide and file a detailed invoice and/or affidavit of services provided. The guardian may make the request for payment with their annual report (recommended) or by short form order. For accountants it is recommended that a budget be requested and approved (i.e. the guardian may expend up to $"X" per year on accounting services for tax preparation and filing).
    • Can a guardian receive compensation, stipends, and/or commission without a Court Order?
      No, a guardian must seek Court permission for all forms of compensation. This can be done in the original Order and Judgment, Initial Report or Annual Report. Compensation is usually granted in the order approving the annual report.
    • What expenses can a guardian pay on behalf of their ward?
      Subject to the Order and Judgment appointing the guardian, a guardian may pay ordinary and necessary expenses. Such expenses include but are not limited to, reasonable payment of food, rent, utilities, telephone, ordinary monthly bills, medical co-pays, medical tests, clothing, cleaning supplies, property taxes, income taxes, properly employed homecare attendants, minor entertainment expenses such as the movies or museum admission. Significant expenses such as a car, home construction or similar, must be approved by the Court before a payment can be made.
    • What expenses can a guardian pay on behalf of their ward?
      Subject to the Order and Judgment appointing the guardian, a guardian may pay ordinary and necessary expenses. Such expenses include but are not limited to, reasonable payment of food, rent, utilities, telephone, ordinary monthly bills, medical co-pays, medical tests, clothing, cleaning supplies, property taxes, income taxes, properly employed homecare attendants, minor entertainment expenses such as the movies or museum admission. Significant expenses such as a car, home construction or similar, must be approved by the Court before a payment can be made.
    • Can a guardian make gifts without Court authorization?
      No, a guardian must seek permission from the Court to make any gifts of their ward's assets.
    • Can a guardian sell the real property or cooperative of their ward?
      Yes, but they must seek Court permission according to the Real Property Proceedings Law. This tends to be a complicated process, and it is recommended that the guardian retain counsel to assist.