N.Y. Mental Hygiene Law 79.21 – Compensation of guardian
§ 79.21 Compensation of guardian.
Terms Used In N.Y. Mental Hygiene Law 79.21
- administration: means the United States veterans' administration or its successor. See N.Y. Mental Hygiene Law 79.01
- benefits: shall mean all moneys payable by the United States through the administration. See N.Y. Mental Hygiene Law 79.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- income: shall include only moneys received by the guardian from the administration and all earnings, interest, and profits derived therefrom. See N.Y. Mental Hygiene Law 79.01
- ward: means a beneficiary of the administration. See N.Y. Mental Hygiene Law 79.01
(a) Where a guardian has received only the benefits from the administration or income from such benefits, compensation payable to the guardian for administering the estate of a ward shall be fixed by the court not to exceed five per centum of the income of the ward during any year. In the event of extraordinary services rendered by such guardian the court may, upon petition and after hearing thereon, authorize additional compensation therefor, payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the administration. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his ward reasonable premiums, not exceeding one per centum per annum upon the amount of the bond, paid by him to any corporate surety upon his bond.
(b) Where a guardian has also received property of the ward other than benefits and income therefrom, additional compensation may be had, in the case of an incompetent ward, as prescribed by article seventy-eight of this chapter, and in the case of an infant ward, as prescribed by the surrogate's court.