SCPA § 406

Person under disability bound by proceeding Whenever a guardian ad litem shall be appointed for a person under disability as defined in t...  ·  as in force on May 31, 2026

§ 406. Person under disability bound by proceeding

Whenever a guardian ad litem shall be appointed for a person under disability as defined in this act or an infant, incompetent or conservatee shall appear by his guardian, committee, or conservator, respectively, or where such appointment is not required under or is dispensed with pursuant to power conferred by this act the proceeding shall be binding upon such person to the same extent as if such person was under no disability.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/406

In plain English

A person under disability is bound by the proceeding as fully as a person without a disability when represented by an appointed guardian ad litem, guardian, committee, or conservator, or when the law does not require or permits dispensing with that appointment. ★

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.