Legislation
SECTION 2112
Compensation of persons acting under powers of attorney or other instruments 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 21
§ 2112. Compensation of persons acting under powers of attorney or other
instruments
1. At any time during the administration of an estate and
irrespective of the pendency of a particular proceeding the court is
authorized either on its own initiative or on application by the
fiduciary or a person interested to fix and determine the compensation,
charges and expenses of a person acting under a power of attorney or
other instrument described in EPTL 13-2.3 for services rendered to his
principal, and to review and determine the validity and reasonableness
of any such compensation, charge or expense, whether or not it has been
fixed previously by agreement.
2. In the event any such person has already received or been paid a
sum in excess of the fair and reasonable value of his services, charges
and expenses as determined by the court the latter is authorized to
direct him to refund the excess. A proceeding therefor may be commenced
by the court on its own initiative or by the petition of a person
interested.
3. Nothing contained herein shall be deemed to authorize the practice
of law by an attorney in fact or other person acting under an instrument
described in EPTL 13-2.3 who is not an attorney of this state.
instruments
1. At any time during the administration of an estate and
irrespective of the pendency of a particular proceeding the court is
authorized either on its own initiative or on application by the
fiduciary or a person interested to fix and determine the compensation,
charges and expenses of a person acting under a power of attorney or
other instrument described in EPTL 13-2.3 for services rendered to his
principal, and to review and determine the validity and reasonableness
of any such compensation, charge or expense, whether or not it has been
fixed previously by agreement.
2. In the event any such person has already received or been paid a
sum in excess of the fair and reasonable value of his services, charges
and expenses as determined by the court the latter is authorized to
direct him to refund the excess. A proceeding therefor may be commenced
by the court on its own initiative or by the petition of a person
interested.
3. Nothing contained herein shall be deemed to authorize the practice
of law by an attorney in fact or other person acting under an instrument
described in EPTL 13-2.3 who is not an attorney of this state.