SCPA § 311

Designee for person under disability Whenever the person to be served is a person under disability, whether or not a party so requests, t...  ·  as in force on May 31, 2026

§ 311. Designee for person under disability

Whenever the person to be served is a person under disability, whether or not a party so requests, the court may in the interest of such person, require by order or direction in the minutes that a copy of the process issued be delivered to a person designated, in the manner and within the time specified. The person so designated shall have with respect to the proceeding while so designated, in behalf of such person, until the return of process and such further time as directed by the court, the same powers and duties as a guardian ad litem and is authorized to admit service of such process.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/311

In plain English

When process must be served on a person under disability, the court may order delivery of a copy to a designated person in the manner and time it specifies. ★ Until return of process, and longer if directed, the designee has a guardian ad litem’s powers and duties and may admit service for that person.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.