N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.13 - Qualification of guardians ad litem; filing report
(a) Each guardian ad litem shall
qualify within 10 days of notification of appointment, or may be deemed unable
to act. He or she shall review the court's guidelines for guardians ad litem,
if available, and carefully examine all matters affecting the guardian's client
and all processes and papers to ensure that they are regular and have been duly
served. No decree shall be made in the proceeding until the guardian shall
report these findings. The report shall be made in writing or, with the consent
of the Surrogate, orally in open court, except as otherwise provided in SPCA
1754(4), within 10 court days of the guardian's appointment or from the date to
which the proceeding was finally adjourned, unless extended by the
court.
(b) A guardian
ad litem in a proceeding in which a decree has been entered directing payment
of money or delivery of property to or for the benefit of the guardian's ward
must file a supplemental report within 60 days after a decree settling the
account, showing whether the decree has been complied with insofar as it
affects the ward. In all such cases, the fiduciary shall immediately notify the
guardian in writing of the date and details of payment or delivery.
(c) The guardian's allowance may
be authorized in the initial decree, but, except as provided in SCPA 2111, no
allowance shall be paid until an appropriate report is made.
Notes
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