STATE OF NEW YORK
________________________________________________________________________
9380
2025-2026 Regular Sessions
IN ASSEMBLY
December 19, 2025
___________
Introduced by M. of A. EACHUS -- read once and referred to the Committee
on Judiciary
AN ACT to amend the mental hygiene law, in relation to compensation of
individuals appointed by the court as court evaluators in guardianship
matters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (f) of section 81.09 of the mental hygiene law,
2 as amended by chapter 438 of the laws of 2004, is amended to read as
3 follows:
4 (f) [When judgment grants a petition, the] The court may award a
5 reasonable compensation to a court evaluator, including the mental
6 hygiene legal service, payable by any or all of the petitioner, the
7 person alleged to be incapacitated or the estate of the allegedly inca-
8 pacitated person[. When a judgment denies or dismisses a petition, the
9 court may award a reasonable allowance to a court evaluator, including
10 the mental hygiene legal service, payable by the petitioner or by the
11 person alleged to be incapacitated, or both], in such proportions as the
12 court may deem just. When the person alleged to be incapacitated dies
13 before the determination is made in the proceeding, the court may award
14 a reasonable allowance to a court evaluator, payable by the petitioner
15 or by the estate of the decedent, or by both in such proportions as the
16 court may deem just.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13156-01-5
