New York A 11397: Relates to the representation of individuals involved in guardianship proceedings pursuant to article 81 of the mental hygiene law

Status: REFERRED TO JUDICIARY (as of 2026-05-15)

State: New York · Session: 2025-2026 · Bill: A 11397

Sponsors: Rules Committee

Bill Text

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A11397 Summary:

BILL NOA11397 

&nbsp

SAME ASNo Same As

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SPONSORRules (Ramos)

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §722-c, County L

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Provides that certain individuals who are involved in a guardianship proceeding pursuant to article 81 of the mental hygiene law shall have certain services obtained on their behalf if they are financially unable to obtain such services on their own, including the appointment of an individual to carry out the duties of a court evaluator or court examiner.

Go to top A11397 Actions:

BILL NOA11397 

&nbsp

05/15/2026referred to judiciary

Go to topA11397 Committee&nbspVotes:

Go to topA11397 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA11397 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 11397

 IN ASSEMBLY

 May 15, 2026
 ___________

 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Ramos) --
 (at request of the Unified Court System) -- read once and referred to
 the Committee on Judiciary

 AN ACT to amend the county law, in relation to compensation of individ-
 uals appointed by the court in guardianship proceedings pursuant to
 article 81 of the mental hygiene law

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 722-c of the county law, as amended by section 2 of
 2 part GG of chapter 56 of the laws of 2023, is amended to read as
 3 follows:
 4 § 722-c. Services other than counsel. Upon a finding in an ex parte
 5 proceeding that investigative, expert or other services are necessary
 6 and that the defendant or other person described in section two hundred
 7 forty-nine or section two hundred sixty-two of the family court act,
 8 article six-C of the correction law [or], section four hundred seven of
 9 the surrogate's court procedure act or article eighty-one of the mental
 10 hygiene law, is financially unable to obtain them, the court shall
 11 authorize counsel, whether or not assigned in accordance with a plan, to
 12 obtain the services on behalf of the defendant or such other person or,
 13 pursuant to section 81.09 or subdivisions (c) and (d) of section 81.32
 14 of the mental hygiene law, appoint an eligible individual to carry out
 15 the duties of a court evaluator or court examiner. The court upon a
 16 finding that timely procurement of necessary services could not await
 17 prior authorization may authorize the services nunc pro tunc. The court
 18 shall determine reasonable compensation for the services and direct
 19 payment to the person who rendered them or to the person entitled to
 20 reimbursement. Only in extraordinary circumstances may the court provide
 21 for compensation in excess of three thousand dollars per investigative,
 22 expert or other service provider.
 23 Each claim for compensation shall be supported by a sworn statement
 24 specifying the time expended, services rendered, expenses incurred and
 25 reimbursement or compensation applied for or received in the same case
 26 from any other source.
 27 § 2. This act shall take effect on the ninetieth day after it shall
 28 have become a law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09838-02-5

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