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COMPENSATION FOR A GUARDIAN UNDER THE MENTAL HYGIENE LAW IS NOT CALCULATED ACCORDING TO THE FORMULA IN THE SURROGATE’S COURT PROCEDURE ACT, GUARDIAN ENTITLED ONLY TO REASONABLE COMPENSATION.

The First Department determined Supreme Court properly set the compensation for a guardian (Goldstein) who served for about a month at $100,000, rejecting the guardian’s request for about $700,000. The Mental Hygiene Law requires only “reasonable” compensation, and does not require use of the compensation formula set out in the Surrogate’s Court Procedure Act (SPCA):

… [A]lthough the Mental Hygiene Law, as originally enacted, encouraged courts to consider a compensation plan similar to the guidelines set forth in the SCPA after the statute was amended in 2004, all references to the SCPA were eliminated. The Mental Hygiene Law does not provide any formula or guideline for the court to follow in setting compensation for an Article 81 guardian, nor does it refer to such compensation as a “commission.” * * *

… [W]e reject Goldstein’s argument that the court was required to find misfeasance or misconduct on his part in order to deny him a full commission calculated under the SCPA. Under the Mental Hygiene Law, Goldstein is entitled to no more than “reasonable compensation” for his services, and there is no mathematical formula in the mental hygiene law that the motion court failed to apply or disregarded. A court may, and in this case did, with respect to Goldstein’s services as temporary guardian, choose to compensate a guardian in quantum meruit, using an hourly rate … . Whether using the hourly rate approved by the court of $350 per hour or using his usual hourly rate of $495, Goldstein was well compensated for his time … . Matter of Goldstein v Zabel, 2017 NY Slip Op 00426, 1st Dept 1-24-17

 

MENTAL HYGIENE LAW (COMPENSATION FOR A GUARDIAN UNDER THE MENTAL HYGIENE LAW IS NOT FIGURED ACCORDING TO THE FORMULA IN THE SURROGATE’S COURT PROCEDURE ACT, GUARDIAN ENTITLED ONLY TO REASONABLE COMPENSATION)/GUARDIANSHIP (MENTAL HYGIENE LAW, COMPENSATION FOR A GUARDIAN UNDER THE MENTAL HYGIENE LAW IS NOT FIGURED ACCORDING TO THE FORMULA IN THE SURROGATE’S COURT PROCEDURE ACT, GUARDIAN ENTITLED ONLY TO REASONABLE COMPENSATION)/SURROGATE’S COURT PROCEDURE ACT (GUARDIANSHIP, MENTAL HYGIENE LAW, COMPENSATION FOR A GUARDIAN UNDER THE MENTAL HYGIENE LAW IS NOT FIGURED ACCORDING TO THE FORMULA IN THE SURROGATE’S COURT PROCEDURE ACT, GUARDIAN ENTITLED ONLY TO REASONABLE COMPENSATION)

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