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Fiduciary / Part 36 The Fiduciary Clerk Part 36 Appointments | Enrollment On An Approved List | Procedure After Appointment | Compensation | Additional Information | Additional Resources | FAQ Part 36 of the Rules of the Chief Judge applies to a wide range of appointments. These include a guardian, guardian ad litem, law guardian (attorney for the child), court evaluator, court examiner, and attorney for an alleged incapacitated person, as well as a receiver and referee. Appointments made under Part 36 must, in most cases, be made from a list established by the Chief Administrative Judge. Also included are persons designated by the court to perform services for a receiver or guardian, such as an accountant, an appraiser, or property manager. Such persons are known as secondary appointments. When a secondary appointment becomes necessary, an application must be made to the assigned judge and the application must be granted prior to any proposed appointee performing any services. A Judge may make an appointment from outside the list upon a finding of good cause, but in such case, the basis for the appointment shall be set forth in writing and filed with the Fiduciary Clerk. Enrollment on an Approved List Anyone who wishes to apply to be placed on an OCA Fiduciary list can access the OCA website for Guardian and Fiduciary Services or call the Appointment Processing Unit at (212) 428-2818. Qualified individuals can apply for specific categories of appointment based on their experience and expertise. Access the OCA Guardian and Fiduciary Website When an appointment is made, the Fiduciary Clerk will send the appointee a Notice of Appointment and Certification of Compliance (UCS Form 872). This form must be completed and signed by the appointee and returned to the Fiduciary Clerk within 30 days of receipt. No compensation for services rendered will be approved unless the Notice of Appointment and Certification of compliance is signed and returned to the Fiduciary Clerk. A secondary appointee must sign and return these forms as well. If a proposed appointee must decline the appointment, please notify both the Fiduciary Clerk and the appointing judge so that a replacement appointment can be made. In general, if an appointee seeks compensation of more than $500.00, the Fiduciary Clerk will forward Form UCS 875 to the assigned Judge. This form will contain a confirmation, signed by the Fiduciary Clerk that the appointee has filed the Notice of Appointment and Certification of compliance. A judge shall not approve compensation of more than $500.00 unless the appointee has filed these forms and the Fiduciary Clerk has confirmed the filing. Law Guardian Compensation The forms discussed below are required to be submitted in order for compensation to be approved and are available on the Office of Court Administration’s Fiduciary website. The law guardian must submit a copy of: -Appointment Order (UCS 880) The submitted forms must include affidavits of service to all applicable parties in the case. The Approval of Compensation Form (UCS 875) will also be generated by the Fiduciary Clerk and forwarded to the assigned judge for signature with any request for law guardian compensation. Court Examiners Compensation Compensation is approved and tracked by use of OCA Form 826 that is used exclusively by Court Examiners. To better assist you, we have provided responses to the Most Frequently Asked Questions About Fiduciary Appointments. For additional information, please contact: Rita DiPietro Part 26 of the Rules of the Chief Judge Part 36 of the Rules of the Chief Judge
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