Title XLIV, Guardians and Conservators

I. Any relative, public official, or interested person may file a verified petition for a temporary guardian of the person and estate, or the person, or the estate. Said petition shall contain: (a) All the information required in RSA 464-A:4; (b) The reasons the petitioner believ…

I. When a person deems himself unfit by reasons of mental or physical disability for the prudent management of his property and financial affairs, he may apply to the probate court for the appointment of a conservator of his property. II. The court shall, upon notice to the perso…

If the court determines that the person to be protected has voluntarily applied for appointment of a conservator and has voluntarily nominated his conservator, the court may appoint the nominee as conservator for the person to be protected. If, for good cause shown at the hearing…

Such conservator shall give bond to the judge of probate, with sufficient sureties, give notice of his appointment as guardians are required to do and be subject to all provisions of law now in force as to guardians as far as they apply to estates of their wards, pursuant to this…

At any time upon petition signed by the protected person, the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the protected person. Likewise, if at any time subsequent to the appointment of a conservator it shall appea…

Whenever an absentee has an interest in any form of property in this state or is a legal resident of this state and has not provided an adequate power of attorney authorizing another to act in his or her behalf in regard to such property or interest, then, the probate court of th…

The court shall have full discretionary authority to appoint any suitable person as absentee conservator and may require such conservator to post an adequate surety bond and to make such reports as the court may deem necessary. The absentee conservator shall have the same powers …

At any time upon petition signed by the absentee or on petition of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absente…

As used in this chapter: I. "Absentee" means a person serving in or with the armed forces of the United States, or a person serving as a merchant seaman, who has been reported or listed as missing or missing in action or interned in a neutral country or has been beleaguered, besi…

In the absence of appointment of a conservator for an absentee under RSA 464-A:17, the spouse of any absentee as defined in RSA 464-A:2, or the next of kin if the absentee has no spouse, may apply to the probate court for authority to act with respect to a particular item or port…

Upon appointment, the guardian of the person and estate, or the person, or the estate, shall give bond to the probate court, with sufficient sureties, in such sum as the judge shall approve. In the discretion of the judge of probate, a bond without sureties may be given if the gr…

When a guardian of the estate has been appointed, an inventory shall be made in the same manner and subject to the same requirements as inventories of the estates of persons deceased are made pursuant to RSA 554. An appraisal of all or any part of the ward's estate shall be made …

Every guardian shall be allowed a reasonable compensation for all proper expenses and services in the discharge of the guardianship. Administrative expenses approved by the court, including but not limited to guardianship fees, legal fees, and appraisal costs shall be paid out of…

Every resident guardian who removes from the state, or who goes out of the state with intention of being absent more than a year, and every resident of another state who is appointed guardian within this state, shall forthwith appoint some person residing in the state as his agen…

I. A guardian of an incapacitated person has the following powers and duties, except as modified by order of the court: (a) To the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, the gu…

I. The guardian of the estate shall take possession of all of the ward's real and personal property, and of all rents, income, and benefits therefrom, whether accruing before or after his or her appointment, and of the proceeds arising from the sale, mortgage, lease or exchange t…

I. The probate court may authorize the guardian of the estate to make lifetime gifts, to allocate income, and/or to plan for the testamentary distribution of the ward's estate consistent with the ward's wishes. If the ward's wishes cannot be ascertained, the probate court may aut…

I. The judge of probate, upon petition of the guardian of the estate or of any other person interested in the estate of any ward, may license the guardian to sell, mortgage, pledge, lease or exchange any property of the guardianship estate, including goods and chattels, real esta…

Before a license for the sale of any property of the ward shall be granted, the guardian shall take the following oath and file a certificate thereof in the office of the clerk: "I, .......... , guardian of the estate of .......... , my ward, do solemnly swear that in disposing o…

Every guardian so licensed and sworn, having advertised and sold as required by the license, may execute a valid conveyance of the estate sold to the purchaser.

I. The probate court shall have exclusive jurisdiction over the appointment of a guardian of the person or of the estate or of both of any incapacitated person. II. (a) Except as provided in RSA 464-A:25, I(a), venue for guardianship proceedings for a proposed ward is in the coun…

The wife or husband of a person under guardianship may join with the guardian in a deed for the conveyance of any real estate of the ward, and thereby release and waive any homestead right.

I. When a married man and his wife are both under guardianship, and the guardian of the estate of either has obtained a license from the judge to sell real estate of the ward, the guardian of the other may, without license, join in the sale and release the ward's interest. II. In…

If a ward is seized of an undivided fractional part of real estate, the judge may authorize the guardian to purchase any other fractional part thereof whenever it will be conducive to the ward's interest to do so; and when so licensed, the guardian may make the purchase and use f…

I. The judge may, on petition after notice to the ward, the ward's spouse, the ward's heirs at law and a representative of the ward if the judge deems this necessary, license the guardian of the estate to purchase with the funds of the ward real estate situated in this state, as …

The guardian of the person and estate, or the person, or the estate, shall have the same rights that the ward would have, if legally competent, to waive the provisions of a will in favor of the ward, intended to be in lieu of distributive share, and shall likewise have the power …

I. A guardian of the person shall file an annual report with the court within 90 days after the anniversary date of the guardian's appointment, or be in default. The clerk shall give notice of the default to the guardian by first class mail within 10 days after the default. The c…

I. Subject to the provisions of RSA 464-A:26, V, a guardian of the estate shall file an annual account under oath with the court within 90 days after the anniversary date of the guardian's appointment, or be in default. The clerk shall give notice of the default to the guardian b…

I. If a guardian fails to render any report or account within the time provided by law or the order of the court, or fails to settle the estate according to order of the court, the court may, upon its own motion, or upon the petition of any interested party, issue an order compel…

The court shall annually notify the ward that the ward has the right to seek alteration or termination of the guardianship at any time. This notice shall be given in language reasonably understandable by the ward. The notice shall contain the name and address of the ward's guardi…

Guardianships established prior to August 22, 1979, shall be reviewed in the probate court in accordance with RSA 464-A:35 and RSA 464-A:36.

I. Any person appointed as guardian of the person or an estate or both shall serve until: (a) His or her resignation is accepted by the court; (b) He or she dies; (c) The court finds removal of the guardian to be in the ward's best interests; or (d) The guardianship is terminated…

I. Any relative, public official, or interested person, or any individual in his or her own behalf may file a verified petition for finding of incapacity and appointment of a guardian of a person and estate, or the person, or estate. II. The petition for appointment of a guardian…

I. Any member of the United States armed services, whether a member of an active component, reserve component, or national guard unit of the army, air force, navy, marines, or coast guard who is ordered to active duty outside of the state of New Hampshire with the armed forces of…

I. A guardianship of the person or of the estate shall terminate upon order of the court, the death of the ward, or upon a finding by the court either that the ward is no longer incapacitated or that the ward's needs are met by available alternative resources. II. (a) The ward or…

When before or during the hearing on any proceeding in any court it appears to the court that the interest or rights of a legally incapacitated person by age or other cause or circumstance are not fully represented or upon the request of any interested person, the court may appoi…

Settlements, judgments, or decrees of any suit or claim brought on behalf of a minor by a parent or next friend shall be approved by the superior or district court in which the action is pending or to which a writ may be made returnable as follows: I. If the net amount, as define…

The costs incurred by the imposition of a guardianship or conservatorship pursuant to the procedures established in this chapter shall be distributed in the following manner: I. Except in cases in which the petitioner filed the petition in bad faith, the court costs, expenses, an…

Appeals under this chapter to the supreme court shall be made in accordance with RSA 567-A. However, no order of the probate court shall be stayed pending appeal except by order of the probate court judge or the supreme court.

I. Upon filing of the petition, orders of notice shall issue. The orders of notice shall be given in language reasonably understandable by the proposed ward and shall be personally served on the proposed ward not less than 14 days before the date for the hearing set by the court.…

I. The right to legal counsel for any person for whom a temporary guardian or guardianship of the person and estate, or person, or estate, is sought shall be absolute and unconditional. If the proposed ward does not have his or her own counsel, the court shall appoint counsel for…

I. If the proposed ward is within the state and able to attend, he or she must be present at the hearing unless excused under the provisions of this chapter. If the proposed ward is not within the state, but is a resident of the state, and if the court determines that his or her …

I. The court, at a hearing convened under this chapter, shall: (a) Inquire into the nature and extent of the functional limitations of the proposed ward; and (b) Ascertain his or her capacity to care for himself or herself or his or her estate. II. If it is determined that the pr…