Fiduciary/Part 36- FAQ's
360 Adams Street
Brooklyn, NY 11201
(347) 296-1731
1. Is there a cap on compensation for each calendar year?
2. Are referee appointments exempt from the Part 36 Rules?
3. Can an appointee use forms from previous appointments for new appointments?
4. Are family members appointed as guardians subject to the Part 36 Rules?
5. If it becomes necessary for an appointed family member or family-nominated guardian to hire an attorney, accountant, etc., is this considered a secondary appointment?
6. Where do I sign the Notice of Appointment Form?
1. Is there a cap on compensation for each calendar year?
Yes. Appointees who earn in excess of $75,000.00 in a calendar year will not be eligible to accept new appointments in the following year. Appointees can continue to serve and earn compensation on the cases on which they have already been appointed. Compensation that counts against the yearly cap will be considered as of the date it was approved by the judge, not by the date that the appointee actually receives payment. No appointee is eligible to receive more than one appointment within a calendar year for which the anticipated compensation to be awarded in any calendar year exceeds $15,000.00. Please note that keeping track of total compensation for a calendar year is the responsibility of the appointee.
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2. Are referee appointments exempt from the Part 36 Rules?
They are to an extent. A referee in a foreclosure case whose compensation is not anticipated to exceed $750.00 is exempt from the filing requirements. (Please note that any compensation received pursuant to such an appointment does count towards the annual compensation cap of $75,000.00 whether it is subject to the filing requirements or not.) If the compensation of a referee in a foreclosure action will exceed $750.00, the Notice of Appointment forms must be signed on the last page and returned to the Fiduciary Clerk before compensation will be approved. A referee appointed in a guardianship case to review the final account is not subject to the Part 36 Rules regardless of the amount of compensation awarded. This is considered a quasi-judicial appointment.
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3. Can an appointee use forms from previous appointments for new appointments?
No. Each appointment has a separate Notice of Appointment number assigned to it so that the appointment may be tracked in the fiduciary database.
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4. Are family members appointed as guardians subject to the Part 36 Rules?
No. Family members and individuals who are nominated by family or friends of the alleged incapacitated person to serve as guardians are exempt from the Part 36 filing requirements.
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5. If it becomes necessary for an appointed family member or family-nominated guardian to hire an attorney, accountant, etc., is this considered a secondary appointment?
No. If the original appointee is not subject to the Part 36 Rules, then anyone they engage to perform services is not subject to the Part 36 Rules. However compensation for any individuals retained must be approved by the assigned judge.
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6. Where do I sign the Notice of Appointment Form?
If the appointee is seeking compensation, the last page of the form should be signed and dated. The number of pages in the form will vary depending on the number of prior appointments that the appointee is required to list.
If the appointee is not seeking compensation, the appointee should sign where indicated on Page 2 of the form. The last page of the form should not be signed in this instance.
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