{"jurisdiction": "us-ny", "code": "scpa", "section": "404", "citation": "SCPA § 404", "heading": "Qualification and duties of guardian ad litem 1", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/SCP/404", "from_official_api": true, "plain_english": "A **guardian ad litem** must be a **New York-admitted attorney** and must protect the person under disability.\n- **(1)** The guardian ad litem **must be admitted to practice in New York**. ★\n- **(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**.\n- **(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. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/404", "publisher": "Elyphived LLC"}