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N.Y. Mental Hyg. Law § 81.28

Compensation of guardian

Applied in 9 court decisions — leading case Backer ex rel. Freedman v. Shah (2015)

Most recently applied in Matter of Pedro G. T. (Pluchino) (January 2023)

2014-09-22

How often courts cite this section

20142020202320
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 81.28 Compensation of guardian.\n (a) The court shall establish, and may from time to time modify, a\nplan for the reasonable compensation of the guardian or guardians. The\nplan for compensation of such guardian must take into account the\nspecific authority of the guardian or guardians to provide for the\npersonal needs and/or property management for the incapacitated person,\nand the services provided to the incapacitated person by such guardian.\n (b) If the court finds that the guardian has failed to discharge his\nor her duties satisfactorily in any respect, the court may deny or\nreduce the compensation which would otherwise be allowed.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.