N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.51 - Appearance of a guardian, committee or conservator; affidavit required of attorney

If the affidavit required by SCPA 402 shows that the guardian, committee or conservator is entitled to share in the distribution of the estate or fund in which the infant, incompetent or conservatee is interested or that the guardian, committee or conservator is in any way interested in the estate or fund, such affidavit must state fully the nature of his or her interest. Whenever a guardian, committee or conservator appears by an attorney, the latter shall accompany his or her notice of appearance with an affidavit showing the circumstances which led to his or her employment and whether his or her employment was suggested or accelerated either directly or indirectly by the proponent or accounting party or by the attorney for either of them or by any other person whose interest in the proceeding is adverse to that of the infant, incompetent or conservatee, and showing further that the attorney is free of any restraint, whether professional, personal or otherwise, in his or her complete independence of action on behalf of his or her client or ward.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.51