Title XLIV, Guardians and Conservators

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. section 7001(c), or authorize electronic delivery o…

I. This chapter applies to guardianship and protective proceedings begun on or after January 1, 2016. II. Articles 1, 3, and 4 and RSA 464-C:21 and RSA 464-C:22 apply to proceedings begun before January 1, 2016, regardless of whether a guardianship or protective order has been is…

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. All adults are presumed to be capable of managing their affairs and to have legal capacity. II. The manner in which an adult communicates with others is not grounds for a determination that the adult is incapable of managing the adult's affairs. III. Execution of a supported d…

A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and articles 2, 3, and 5.

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. "Adult" means an individual who is 18 years of age or older. II. "Disability" means a physical or mental impairment that substantially limits one or more major life activities of a person. III. "Immediate family member" means a spouse, child, sibling, parent, grandparent, gran…

I. A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in paragraph II, the court shall make a record of the commu…

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. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (a) Hold an evidentiary hearing. (b) Order a person in that state to produce evidence or give testimony pursuant to pr…

A principal may identify any type of decision to be the subject of an agreement under this chapter. Such matters may include, but are not limited to: I. Physical and mental health care. II. Managing and using income and assets. III. Support services. IV. Employment. V. Food and s…

I. An agreement under this chapter may coexist with, but not conflict with, a guardianship or other court order. II. An agreement under this chapter may be for a definite term. In the absence of a provision setting a definite term of the agreement, the agreement shall remain in e…

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. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its …

I. In order to be valid under this chapter, a supported decision-making agreement shall include all of the following: (a) Designation of at least one supporter. (b) A description of the types of decisions for which the supporter is authorized to assist. (c) A description of the t…

I. In this chapter: (a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the responden…

I. A principal may terminate a supported decision-making agreement at any time. Such termination may be accomplished by any of the following actions by the principal: (a) Providing written notice to all of the supporters named in the agreement. (b) Verbally expressing the intent …

This chapter provides the exclusive jurisdictional basis for a court to address and adjudicate a case falling within the provisions of this chapter.

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 …

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: I. This state is the respondent's home state. II. On the date the petition is filed, this state is a significant-connection state and: (a) The respondent does not have a …

A supporter is in a fiduciary relationship with the principal and is subject to the following requirements: I. To act loyally, without self-interest, and in good faith. II. To act within the authority granted in the agreement and by this chapter. III. To avoid conflicts of intere…