A court may allow a guardian ad litem a reasonable compensation for his services to be paid in whole or part by any other party or from any recovery had on behalf of the person whom such guardian represents or from such person’s other property. No order allowing compensation shall be made except on an affidavit of the guardian or his attorney showing the services rendered.
§ 1204.Compensation of guardian ad litem.
Article 12. Infants, Incompetents and Conservatees · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 1204 lets a New York court award a guardian ad litem reasonable compensation for their services, paid by another party, out of the recovery, or from the represented person's own property, but only after the guardian or their attorney files an affidavit describing the work done.
Full Text of CPLR 1204
Plain-English Summary
A guardian ad litem doesn't serve for free. Section 1204 lets the court award reasonable compensation for the guardian's work, and gives the court flexibility about where that money comes from — another party in the case, any recovery obtained on behalf of the person the guardian represents, or that person's own property.
Before the court will allow any compensation, the guardian or the guardian's attorney has to file an affidavit describing the services performed. The statute doesn't set a fixed rate; the court decides what's reasonable case by case, based on the work shown in that affidavit.
Frequently Asked Questions
Does a guardian ad litem get paid in New York?
Yes. The court can award reasonable compensation for the guardian's services under CPLR 1204.
Who pays a guardian ad litem's fee?
The court can order payment from another party in the case, from any recovery obtained for the person the guardian represents, or from that person's own property.
What does a guardian ad litem have to submit to get paid?
An affidavit, from the guardian or the guardian's attorney, describing the services rendered. The court won't allow compensation without one.
Can guardian ad litem fees come out of a child's settlement?
Yes. CPLR 1204 allows the court to pay the guardian's compensation from any recovery obtained on behalf of the child.
Is there a set rate for guardian ad litem compensation in New York?
No. The statute leaves the amount to the court's judgment, based on an affidavit showing the services the guardian performed.
Advisory Committee Notes
This section is derived from RCP § 43 and also from a part of CPA § 207. Rule 43 required that no order allowing compensation be made except upon an affidavit by the guardian (and in some cases also by his attorney) stating that the case had been examined and all necessary steps have been taken to protect the rights of the ward. The requirement has been preserved. Despite its imperfections, such an affidavit will furnish at least some basis for determining the value of the guardian’s services.
The section gives the court three alternatives with regard to payment of compensation: (1) it may direct payment out of any recovery by the ward, or (2) if there is no recovery or an inadequate recovery, it may provide for payment from the ward’s other property, or (3) it may require such compensation to be paid by any other party in the action. CPA § 207 permits the Supreme Court to order payment “from the estate of” an infant or incompetent to his guardian ad litem. RCP rule 43 omits power to provide payment from the estate but adds power to provide payment by another party. Both the second and third alternatives of the new section are sound. If the ward has assets of his own and his guardian has rendered worthwhile services there is no reason why the infant should not pay for them. The court is in a position to protect the ward against overreaching. The first alternative recognizes that the final judgment and the services of the guardian may also be of value to the party directed to compensate the guardian as where the action involves title to real property in which infants have an alleged interest. See 19 Carmody-Wait, Cyclopedia of New York Practice 692-93 (1955). As drafted this section permits the court to order payment in part from each of the three sources of funds available.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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