An infant, a person judicially declared to be incompetent, a conservatee, a person for whom a guardian ad litem has been appointed, or a representative of any such person, shall not be liable for costs unless the court otherwise orders.
§ 1205.Liability for costs of infant, judicially declared incompetent, or conservatee, or representative
Article 12. Infants, Incompetents and Conservatees · Last amended 1981 · Last verified July 21, 2026
In one sentenceCPLR 1205 shields a child, an adjudicated incompetent, a conservatee, or their court-appointed representative from having to pay costs in a lawsuit, unless the court specifically orders otherwise.
Full Text of CPLR 1205
Plain-English Summary
Costs in a lawsuit normally follow the outcome of the case, but section 1205 carves out an exception. A child, a person judicially declared incompetent, a conservatee, a person with a guardian ad litem, or any representative acting for one of them, isn't liable for costs, unless the court decides otherwise.
That leaves the decision in the court's hands rather than applying automatically. A judge who thinks the exception shouldn't apply in a particular case, say, because a claim was brought in bad faith, can still order costs against the represented person or their representative.
Frequently Asked Questions
Can a child be ordered to pay court costs in New York?
Only if the court specifically orders it. CPLR 1205 protects children from cost liability by default.
Is a guardian ad litem personally responsible for costs in the case?
No, not unless the court orders otherwise. The same protection that covers the person they represent extends to the guardian.
Does an incompetent defendant have to pay the winning side's costs?
Not automatically. CPLR 1205 exempts a person judicially declared incompetent from cost liability unless the court orders payment.
When would a court make a child pay costs anyway?
The statute leaves that to the court's discretion; it doesn't list specific triggers, so a judge can order costs in any case where it seems warranted.
What does 'liability for costs' mean under CPLR 1205?
It refers to court costs awarded to a winning party, not attorney's fees. Section 1205 keeps a child, an incompetent person, a conservatee, or their representative from owing those costs unless the court says otherwise.
Advisory Committee Notes
This section is derived from CPA § 205 which is limited in scope to infants or guardians ad litem for infants. This section also encompasses judicially declared incompetents and their representatives and exempts them from costs unless the court otherwise orders. There is no sound reason for granting the exemption to one class and not to the other. Under former law, a guardian ad litem was always necessary to represent an infant and, thus, § 205 did not refer to a guardian of the property of the infant. Since new CPLR § 1201 permits representation by such a guardian he would be exempted from costs by the rule unless a court otherwise ordered. A committee of an incompetent should be treated in the same way. A court will award costs against a representative where he has been guilty of misconduct. See Gottfried v Natanson, 165 Misc 447, 300 NY Supp 777 (NYC Ct 1937). Phrase “a person for whom a guardian ad litem has been appointed” added to include, in addition to a defendant declared incompetent for whom a committee has been appointed, a defendant not so declared for whom a guardian ad litem has been appointed under new CPLR § 1201 because he is incapable of adequately protecting his rights.
Amendment History
Add, L 1962, ch 308; amd, L 1981, ch 115, § 23, eff May 18, 1981.
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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