Section 2220. Payment of share of infant, incompetent or conservatee or person under disability 1  


Latest version.
  • Where  an  infant,  incompetent,  conservatee,  or  person  under
      disability is entitled to money or property as beneficiary of an  estate
      or  to the proceeds of any action brought as prescribed in EPTL 5-4.1 or
      to the proceeds of a settlement  of  a  cause  of  action  for  personal
      injuries,  the decree or order shall direct that it be paid or delivered
      to the guardian, committee or conservator of the property of such person
      upon the filing of sufficient security, except as provided in EPTL 7-4.9
      or 11-1.1, unless the money or property payable or  deliverable  to  the
      infant, incompetent, or conservatee, or person under disability does not
      exceed  in value $10,000, in which case the decree or order may order it
      to be paid or delivered to a parent of such person or to some  competent
      adult  with  whom  such  person resides or who has some interest in such
      person's welfare, for the use and benefit of such person.
        2. If the sum payable to a patient in  an  institution  in  the  state
      department  of  mental  hygiene is not in excess of the amount which the
      director of the institution is authorized to receive pursuant to section
      29.23 of the mental hygiene law, the decree or order may order it to  be
      paid to such director for use as provided in that section.
        3.  If  there be no guardian, committee or conservator of the property
      the decree or order may provide that the  sum  payable  to  the  infant,
      incompetent or person under substantial impairment within the meaning of
      the  conservatorship  provisions  of article seventy-seven of the mental
      hygiene law not disposed of as above be paid into the court or the court
      may order that money constituting any part of the property be  deposited
      in one or more specified insured banks or trust companies or be invested
      in   one  or  more  specified  accounts  in  insured  savings  and  loan
      associations subject to withdrawal only upon order of the court,  except
      that  no court order shall be required to pay over to the infant who has
      attained the age of  eighteen  years  all  moneys  so  held  unless  the
      depository  is  in  receipt  of  an  order  from  a  court  of competent
      jurisdiction directing it to withhold such payment beyond  the  infant's
      eighteenth birthday.
        4.  If  money  or property is payable or deliverable under subdivision
      one of this section to a person under disability as defined  in  article
      seventy-seven  of the mental hygiene law, the court may pursuant to such
      article appoint a  conservator  provided  that:  the  person  under  the
      disability resides within the county in which the proceeding is pending;
      no  guardian, committee or conservator has been appointed by the supreme
      court or county court; and the money  or  property  is  to  be  paid  or
      delivered to the conservator.
        5.  If  any proceeds payable to an infant, incompetent or person under
      disability pursuant to this section are proposed to be paid by way of  a
      structured  settlement,  which  shall include any settlement whose terms
      contain provisions for the payment of funds on an installment basis, the
      court may approve such settlement, provided that, with respect to future
      installment payments, the court may order that  each  party  liable  for
      such payments shall fund such payments, in an amount necessary to assure
      the  future  payments,  in the form of an annuity contract executed by a
      qualified insurer  and  approved  by  the  superintendent  of  insurance
      pursuant  to  articles fifty-A and fifty-B of the civil practice law and
      rules.