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