Compensation of guardian ad litem 1 · as in force on May 31, 2026
§ 405. Compensation of guardian ad litem
1. For services rendered a guardian ad litem shall receive reasonable compensation to be allowed by the court payable from any or all of the following, in such proportion as directed by the court:
(a) the estate,
(b) the interest of the person under disability, or
(c) for good cause shown, any other party.
2. The court may direct that the fixation of the amount of compensation be reserved for future determination.
3. If an infant, incompetent or conservatee appears by his guardian, committee or conservator pursuant to 402 the court may allow the guardian, committee or conservator such sum as the court deems reasonable for his counsel fees and other expenses incurred in protection of the infant's, incompetent's, or conservatee's interest subject to the same requirements in the case of a guardian ad litem of the provisions of the preceding subdivisions of this section.
4. The provisions of this section shall not apply to guardians ad litem appointed by the court pursuant to section four hundred three-a of this chapter.
The court awards a guardian ad litem reasonable compensation and decides who pays it.
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.
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.