Chapter 560 — Chapter 560

§560:5-113 Notice. (a) Except as otherwise ordered or waived by the court for good cause, if notice of a hearing on a petition is required, other than a notice for which specific requirements are otherwise provided, the petitioner shall give notice of the time and place of the he…

§560:5-114 Waiver of notice. A person may waive notice, in writing, signed by the person or the person's attorney and filed in the proceeding. However, a respondent, ward, or protected person may not waive notice. [L 2004, c 161, pt of §1]

§560:5-115 Guardian ad litem. At any stage of a proceeding, the court or the family court may appoint a guardian ad litem if the court or the family court determines that representation of the interest otherwise would be inadequate. If not precluded by a conflict of interest, a g…

§560:5-116 Request for notice; interested persons. An interested person not otherwise entitled to notice who desires to be notified before any order is made in a guardianship proceeding, including a proceeding after the appointment of a guardian, or in a protective proceeding, ma…

§560:5-117 Multiple appointments or nominations. If a respondent or other person makes more than one written appointment or nomination of a guardian or a conservator, the most recent controls. [L 2004, c 161, pt of §1]

PART 2. [OLD] GUARDIANS OF THE PERSON OF MINORS--REPEALED §§560:5-201 to 560:5-212 REPEALED. L 2004, c 161, §37. PART 2. GUARDIANSHIP OF MINOR §560:5-201 Appointment and status of guardian. A person becomes a guardian of a minor by parental appointment or upon appointment by the …

§560:5-202 Parental appointment of guardian. (a) A guardian may be appointed by will or other signed writing by a parent for any minor child the parent has or may have in the future. The appointment may specify the desired limitations on the powers to be given to the guardian. Th…

§560:5-203 Objection by minor or others to parental appointment. Until the court has confirmed an appointee under section 560:5-202, a minor who is the subject of an appointment by a parent and who has attained fourteen years of age, the other parent, or a person other than a par…

§560:5-204 Judicial appointment of guardian; conditions for appointment. (a) A minor or a person interested in the welfare of a minor may petition for appointment of a guardian. (b) The court may appoint a guardian for a minor if the court finds the appointment is in the minor's …

§560:5-205 Judicial appointment of guardian; procedure. (a) After a petition for appointment of a guardian is filed, the court shall schedule a hearing, and the petitioner shall give notice of the time and place of the hearing, together with a copy of the petition, to: (b) The co…

§560:5-206 Judicial appointment of guardian; priority of minor's nominee; limited guardianship. (a) The court shall appoint as guardian a person whose appointment will be in the best interest of the minor. The court shall appoint a person nominated by the minor, if the minor has …

§560:5-207 Duties of guardian. (a) Except as otherwise limited by the court, a guardian of a minor ward has the duties and responsibilities of a parent regarding the ward's support, care, education, health, and welfare. A guardian shall act at all times in the ward's best interes…

§560:5-208 Powers of guardian. (a) Except as otherwise limited by the court, a guardian of a minor ward has the powers of a parent regarding the ward's support, care, education, health, and welfare. (b) A guardian may: (c) The court may specifically authorize the guardian to cons…

§560:5-209 Rights and immunities of guardian. (a) A guardian shall be entitled to such reasonable compensation from the ward's estate for services as guardian and to reimbursement for room, board, and clothing provided by the guardian to the ward, but only as is approved by the c…

§560:5-210 Termination of guardianship; other proceedings after appointment. (a) A guardianship of a minor terminates upon the minor's death, adoption, emancipation or attainment of majority, or as ordered by the court. (b) A ward or a person interested in the welfare of a ward m…

PART 3. [OLD] GUARDIANS OF THE PERSON OF INCAPACITATED PERSONS--REPEALED §§560:5-301 to 560:5-313 REPEALED. L 2004, c 161, §37. PART 3. GUARDIANSHIP OF INCAPACITATED PERSON §560:5-301 Appointment and status of guardian. A person becomes a guardian of an incapacitated person by an…

§560:5-302 Appointment of guardian by will or other writing. (a) A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian, and…

§560:5-303 Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation. (a) The appointment of a guardian under section 560:5-302 becomes effective upon: whichever first occurs. (b) Unless a person having priority under section 560:5-310 has filed an…

§560:5-304 Judicial appointment of guardian; petition. (a) An individual or a person interested in the individual's welfare may petition for a determination of incapacity, in whole or in part, and for the appointment of a limited or unlimited guardian for the individual. (b) The …

§560:5-305 Judicial appointment of guardian; preliminaries to hearing. (a) Upon receipt of a petition to establish a guardianship, the applicable court shall set a date and time for hearing the petition and may appoint a kokua kanawai. The duties and reporting requirements of the…

§560:5-306 Judicial appointment of guardian; professional evaluation. At or before a hearing under this part, the court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands. If the court orders the evaluation, the respo…

§560:5-307 Confidentiality of records. The written report of a kokua kanawai and any professional evaluation are confidential and shall be sealed upon filing, but are available to:

§560:5-308 Judicial appointment of guardian; presence and rights at hearing. (a) Unless excused by the court for good cause, the proposed guardian shall attend the hearing. The respondent shall attend and participate in the hearing, unless excused by the court for good cause. The…

§560:5-309 Notice. (a) A copy of a petition for guardianship and notice of the hearing on the petition shall be served personally on the respondent. The notice shall include a statement that the respondent must be physically present unless excused by the court, inform the respond…

§560:5-310 Who may be guardian; priorities. (a) Subject to subsection (c), the court in appointing a guardian shall consider persons otherwise qualified in the following order of priority: (b) With respect to persons having equal priority, the court shall select the one it consid…

§560:5-311 Findings; order of appointment. (a) The court may: (b) The court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and make appointive and other orders that will encourage the development of th…

§560:5-312 Emergency guardian. (a) If the court finds that compliance with the procedures of this part will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumsta…

§560:5-313 Temporary substitute guardian. (a) If the court finds that a guardian is not effectively performing the guardian's duties and that the welfare of the ward requires immediate action, it may appoint a temporary substitute guardian for the ward for a specified period not …

§560:5-314 Duties of guardian. (a) Except as otherwise limited by the court, a guardian shall make decisions regarding the ward's support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the ward's limitations and, to the extent p…

§560:5-315 Powers of guardian. (a) Except as otherwise limited by the court, a guardian may: (b) The court may specifically authorize the guardian to consent to the adoption of the ward. [L 2004, c 161, pt of §1]

§560:5-316 Rights and immunities of guardian; limitations. (a) A guardian shall be entitled to such reasonable compensation from the ward's estate for services as guardian and to reimbursement for room, board, and clothing provided to the ward, as is approved by order of the cour…

§560:5-317 Reports; monitoring of guardianship. (a) Within thirty days after appointment, a guardian shall report to the court in writing on the condition of the ward and account for money and other assets in the guardian's possession or subject to the guardian's control. A guard…

§560:5-318 Termination or modification of guardianship. (a) A guardianship terminates upon the death of the ward or upon order of the court. (b) On petition of a ward, a guardian, or another person interested in the ward's welfare, the court may terminate a guardianship if the wa…

PART 4. [OLD] PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS--REPEALED §§560:5-401 to 560:5-432 REPEALED. L 2004, c 161, §37. PART 4. PROTECTION OF PROPERTY OF PROTECTED PERSON §560:5-401 Protective proceeding. Upon petition and after notice and hearing, the court …

§560:5-402 Jurisdiction over business affairs of protected person. After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in which the petition is filed has:

§560:5-403 Original petition for appointment or protective order. (a) The following persons may petition for the appointment of a conservator or for any other appropriate protective order: (b) The petition under subsection (a) shall set forth the petitioner's name, residence, cur…

§560:5-404 Notice. (a) A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order shall be served personally on the respondent if the respondent has attained fourteen years of age, but if the respondent's whereabouts is unknown or…

§560:5-405 Original petition; minors; preliminaries to hearing. (a) Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a minor, the court shall set a date for hearing. If the court determines at any s…

§560:5-406 Original petition; preliminaries to hearing. (a) Upon the filing of a petition for a conservatorship or other protective order for a respondent for reasons other than being a minor, the court shall set a date for hearing. The court may appoint a kokua kanawai. The duti…

§560:5-407 Confidentiality of records. The written report of a kokua kanawai and any professional evaluation are confidential and shall be sealed upon filing, but shall be available to:

§560:5-408 Original petition; procedure at hearing. (a) Unless excused by the court for good cause, a proposed conservator shall attend the hearing. The respondent shall attend the hearing, unless excused by the court for good cause. The respondent may present evidence and subpoe…

§560:5-409 Original petition; orders. (a) If a proceeding is brought for the reason that the respondent is a minor, after a hearing on the petition, upon finding that the appointment of a conservator or other protective order is in the best interest of the minor, the court shall …

§560:5-410 Powers of court. (a) After hearing and upon determining that a basis for a conservatorship or other protective order exists, the court shall have the following powers which may be exercised directly or through a conservator: (b) Subject to section 560:5-110 requiring e…

§560:5-411 Required court approval. (a) After notice to interested persons and upon express authorization of the court, a conservator may: (b) A conservator, in making, amending, or revoking the protected person's will, shall comply with state laws for executing wills. (c) The co…

§560:5-412 Protective arrangements and single transactions. (a) If a basis is established for a protective order with respect to an individual, the court, without appointing a conservator, may: (b) In deciding whether to approve a protective arrangement or other transaction under…

§560:5-413 Who may be conservator; priorities. (a) Except as otherwise provided in subsection (d), the court, in appointing a conservator, shall consider persons otherwise qualified in the following order of priority: (b) A person having priority under subsection (a)(1), (4), (5)…

§560:5-414 Petition for order subsequent to appointment. (a) A protected person or a person interested in the welfare of a protected person may file a petition in the appointing court for an order: (b) A conservator may petition the appointing court for instructions concerning fi…

§560:5-415 Bond. The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specify. Unless otherwise directed by the court, the cost of the bond shall be charged to the …

§560:5-416 Terms and requirements of bond. (a) The following rules apply to any bond required: (b) A proceeding may not be brought against a surety on any matter as to which an action or proceeding against the primary obligor is barred. [L 2004, c 161, pt of §1]

§560:5-417 Compensation and expenses. If not otherwise compensated for services rendered, a guardian, conservator, physician, lawyer for the respondent, lawyer whose services resulted in a protective order or in an order beneficial to a protected person's estate, or any person ap…