SCPA § 404

Qualification and duties of guardian ad litem 1 · as in force on May 31, 2026

§ 404. Qualification and duties of guardian ad litem

1. A guardian ad litem shall be an attorney admitted to practice in New York.

2. Before entering upon his duties he shall file a consent to act and unless he has previously done so, a statement of no interest adverse to or in conflict with the person under disability.

3. He shall file an appearance and take such steps with diligence as deemed necessary to represent and protect the interests of the person under disability, and file a report of his activities together with his recommendation upon the termination of his duties or at such other time as directed by the court.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/404

In plain English

A guardian ad litem must be a New York-admitted attorney and must protect the person under disability.

(1) The guardian ad litem must be admitted to practice in New York. ★
(2) Before beginning work, the guardian ad litem must file consent to act and, unless already filed, state that no adverse or conflicting interest exists.
(3) The guardian ad litem must appear, diligently take necessary protective steps, and file a report and recommendation when the duties end or whenever the court directs. ★

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.