Relates to compensation of individuals appointed by the court as court evaluators in guardianship matters.
Impact
The proposed changes in S08086 will directly influence the existing statutes surrounding guardianship and the financial responsibilities associated with it. By defining how compensations are awarded, the bill aims to ensure that court evaluators, who often play a crucial role in assessing the competency and needs of individuals in guardianship cases, are fairly compensated for their services. This could also lead to a more structured approach in handling financial matters within guardianship proceedings, potentially reducing disputes over fees and responsibilities.
Summary
S08086 aims to amend the mental hygiene law specifically regarding the compensation for individuals appointed by the court as court evaluators in guardianship matters. This legislation clarifies that courts can award reasonable compensation to court evaluators, including those provided by the mental hygiene legal service. The payment for such compensation may come from the petitioner, the person alleged to be incapacitated, or the estate of the allegedly incapacitated person, reflecting the court's discretion to decide the proportions of such payments.
Contention
There may be contention surrounding this bill, particularly concerning the financial implications for families involved in guardianship cases. Critics may argue that mandating compensation could create an additional financial burden for families already facing the challenges of caring for an incapacitated family member. Supporters, however, might emphasize the importance of adequately compensating court evaluators to ensure that they can perform their essential role in the guardianship process without conflict or compromise.
Exempts guardianship motions filed under article 81 of the mental hygiene law by a fiduciary, court evaluator, guardian ad litem, court-appointed attorney or by the court examiner from the required filing fee.
Expands the civil jurisdiction of county courts to matters of up to fifty thousand dollars and district courts to matters of up to thirty-five thousand dollars.
Provides counsel appointed in the supreme court or surrogate's court for certain family matters shall be compensated in the same manner as law guardians in the family court of this state.
Provides counsel appointed in the supreme court or surrogate's court for certain family matters shall be compensated in the same manner as law guardians in the family court of this state.
Requires justices of the supreme court, judges of the county court and judges of the court of claims, regularly sitting in a criminal term or in a term with criminal as well as civil jurisdiction to visit the correctional facility with the highest population of incarcerated individuals in the county in which he or she is appointed or elected within two years of such appointment or election and every two years thereafter; requires a report on the conditions of such correctional facility.
Requires justices of the supreme court, judges of the county court and judges of the court of claims, regularly sitting in a criminal term or in a term with criminal as well as civil jurisdiction to visit the correctional facility with the highest population of incarcerated individuals in the county in which he or she is appointed or elected within two years of such appointment or election and every two years thereafter; requires a report on the conditions of such correctional facility.