Title XLIV, Guardians and Conservators

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to RSA 463-A:9.

I. A personal representative or trustee may make an irrevocable transfer pursuant to RSA 463-A:9 to a custodian for the benefit of a minor as authorized in the governing will or trust. II. If the testator or settlor has nominated a custodian under RSA 463-A:3 to receive the custo…

I. Any person may nominate a guardian of the person or of the estate or of both of the person's minor child in a will, by petition, or by written consent to a petition by another. The judge of probate may, for cause, refuse to appoint a person so nominated. II. A minor 14 years o…

I. Subject to paragraph III, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to RSA 463-A:9, in the absence of a will or under a will or trust that does not contain an authori…

I. After the filing of a petition, the court shall set a date for a hearing, and issue orders of notice in reasonably understandable language. The orders of notice shall be sent by certified mail, return receipt requested, to both parents of the minor and to any person or persons…

I. Upon entry of a petition seeking guardianship of the person or of the estate or both of a minor, the court may issue orders for ex parte and temporary guardianship as follows: (a) Ex parte orders may issue at any time prior to notice to the persons required to receive notice u…

I. Subject to paragraphs II and III, a person not subject to RSA 463-A:5 or 6 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to RSA 463-A:9. II. If a person …

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter.

I. In any hearing under this chapter, the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material. II. A minor 14 years of age or older shall attend the hearing unless attendance is excused by the court. All othe…

I. Custodial property is created and a transfer is made whenever: (a) An uncertificated security or a certificated security in registered form is either: (1) registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by…

I. Proceedings to determine whether a guardian should be appointed for the proposed minor, and any subsequent proceedings relating to the personal history or circumstances of the minor and the minor's family, shall be held in a closed court. Only the parties, their witnesses, cou…

This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (2007).

It is the purpose of this chapter to establish and recognize a less restrictive alternative to guardianship for adults with disabilities. It fulfills this purpose by authorizing a legal option for adults with disabilities who seek assistance in making life decisions but choose to…

It is the purpose of this chapter to promote and protect the well-being of the proposed ward in involuntarily imposed protective proceedings. This chapter is designed to provide procedural and substantive safeguards for civil liberties and property rights of a proposed ward or an…

I. A supporter may only exercise the authority granted to the supporter in the agreement. II. A supporter is not a surrogate decision maker for the principal and is not authorized to sign legal or other documents on behalf of the principal or to bind the principal to a legal agre…

I. A court of this state lacking jurisdiction under RSA 464-C:9, I-III has special jurisdiction to do any of the following: (a) Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state. (b) Issue a protective ord…

I. Any person who agrees to so serve may be appointed guardian of the person and estate, or the person, or the estate including: (a) A family guardian or volunteer guardian; (b) A professional guardian; or (c) A public guardianship and protection program as described in RSA 547-B…

Except as otherwise provided in RSA 464-C:10, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by i…

I. A copy of the order appointing the guardian shall be given in hand or mailed by first class mail to the ward and the ward's counsel. The court may order service by other means if it deems appropriate. The order shall contain the name and address of the guardian. The order shal…

A decision or request made or communicated with the assistance of a supporter in conformity with this chapter shall be recognized for the purposes of any provision of law as the decision or request of the principal and may be enforced in law or equity on the same basis as a decis…

A guardian or petitioner may seek an extension of a guardianship appointment by formally petitioning the court for a guardianship of the person and estate, the person, or estate within the period of any existing guardianship. Upon the filing of a petition for guardianship, a peti…

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…

Any of the following are prohibited from acting as supporters. I. A person who is an employer or employee of the principal, unless the person is an immediate family member of the principal. II. A person providing paid support services, unless the person is an immediate family mem…

I. A court of this state having jurisdiction under RSA 464-C:9 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. II. If a court of this state declines …

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…

I. If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (a) Decline to exercise jurisdiction; (b) Exercise jurisdiction for the limited purpose of fashionin…

I. If a supporter is authorized in a supported decision-making agreement to assist a principal with his or her financial affairs, a principal may designate a monitor. II. A monitor designated under this section shall ensure that the supporter is complying with RSA 464-D:9 and 464…

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…

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…

I. If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that the principal has been abused, neglected, or financially exploited by the supporter, the person shall prompt…

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…

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under RSA 464-C:10, I(a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this …

I. A supporter may assist the principal with obtaining any information to which the principal is entitled, including, with a dated specific consent executed by the principal, protected health information under the Health Insurance Portability and Accountability Act of 1996, Publi…

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…

A supported decision-making agreement may be in any form not inconsistent with the following form and the other requirements of this chapter. Use of the following form is presumed to meet statutory provisions. SUPPORTED DECISION-MAKING AGREEMENT This agreement must be communicate…

I. A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. II. Notice of a petition under paragraph I shall be given to the persons that would be entitled to notice of a petition in this state for …

I. To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to RSA 464-C:16, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petition shall include a certified…

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 …

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…

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…

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this s…

In this chapter: I. "Adult" means an individual who has attained 18 years of age. II. "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under RSA 464-A, and a guardian of the estate as defined in RSA 464-A. II…

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…

This chapter is to be administered and interpreted in accordance with the following principles: I. All adults should be able to choose to live in the manner they wish and to accept or refuse support, assistance, or protection; II. All adults should be able to be informed about an…

I. Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings…