SCPA 2112 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 2111 Ex parte application for advance payment of fees of an attorney-fiduciary or guardian ad litem 1 up ARTICLE 21 Miscellaneous Proceedings next SECTION 2113 Proof or probate of heirship 1 Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email 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.