Title XLIV, Guardians and Conservators

I. Letters of guardianship shall issue to the guardian and shall contain: (a) The name, address, and telephone number of the guardian of the person and estate, or of the person or of the estate; (b) The name, address, and telephone number of the minor; (c) The nature and scope of…

I. The validity of a transfer made in a manner prescribed by the provisions of this chapter shall not be affected by: (a) Failure of the transferor to comply with RSA 463-A:9, III, concerning the possession and control; (b) Designation of an ineligible custodian, except designati…

I. Except as otherwise expanded or limited by statute or order of court as provided in paragraph IV a guardian of the person of a minor has the powers and responsibilities of a parent regarding the minor's support, care and education, but a guardian is not personally liable for t…

I. A custodian shall: (a) Take control of custodial property; (b) Register or record title to custodial property if appropriate; and (c) Collect, hold, manage, invest, and reinvest custodial property. II. In dealing with custodial property, a custodian shall observe the standard …

For any guardianship granted to the department of health and human services for a minor in foster care, or for any minor in the legal custody of the department receiving foster care services, the department's authority to consent to medical treatment for the minor may be establis…

I. The appointment of a guardian over the person or over the estate of a minor shall not relieve the minor's parents or any other persons liable for the support of the minor from their obligation to provide for such support. The court, at the time of such appointment, or at any t…

I. A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. II. This section doe…

I. Any person appointed as guardian over the person or of an estate or both shall serve until resignation accepted by the court, removal by the court for cause, death of the guardian, or termination of the guardianship pursuant to this section. II. A guardian desiring to resign s…

I. A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to: (a) The duty or ability of the custodian person…

I. A guardianship of the person or of the estate of a minor shall terminate upon order of the court, the death of the minor, the minor's eighteenth birthday, a finding by the court that the minor has been emancipated under relevant state law, or upon the issuance of a final decre…

I. A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. II. Except for one who is a transferor under RSA 463-A:4, a custodian has a non-cumulative election during each calendar year to char…

The court may from time to time, upon application of any person interested in the welfare of the minor, and notice to all parties, revise or alter any prior orders or make such new order or decree relative to the guardianship of the person or of the estate or both as the best int…

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: I. The val…

I. A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of custodial property, or a tort committed during the custodianship, may be asserted against the custodial property by proceeding against…

The status of all minors for whom guardianship or co-guardianship has been granted shall be reviewed by the court at 6, 12, and 24 months and annually thereafter, except that the court may waive (1) any or all reviews in cases in which a parent or the parents are co-guardians and…

I. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under RSA 463-A:3, the person who made the nomination may nominate a substitute custodian under RSA 463-A:3, otherwise the transferor or the t…

By accepting appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person.

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 o…

I. A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court for an accounting by the custodian or the custodian's le…

I. Except as otherwise ordered by the court, the guardian of the estate shall take possession of all of the minor's real and personal property, and of all rents, incomes, and benefits from such property, whether accruing before or after appointment, and of the proceeds arising fr…

I. Whenever any guardian of the estate of a minor files an account in the probate court, the guardian of the estate shall contemporaneously forward the following to the minor, if the minor is 14 years of age or older; each parent of the minor, if the parent is not a guardian of t…

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 defin…

In this chapter: I. "Authorized agency" means an agency licensed as a child-placing agency pursuant to RSA 170-E. II. "Court" means the probate court unless otherwise specified. III. "Department" means the department of health and human services. IV. "Guardian" means the individu…

I. This chapter applies to a transfer that refers to this chapter in the designation under RSA 463-A:9, I, by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in…

I. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of: (a) The minor's attainment of 21 years of age with respect to custodial property transferred under RSA 463-A:4 or 463-A:5; (b) The minor's at…

I. The court, upon petition of the guardian of the estate or of any other person interested in the estate of the minor, may direct or 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 minor shall be granted, the guardian of the estate shall take the following oath and file a certificate of the oath with the court: "I, __________ , guardian of the estate of __________ , a minor, do solemnly swear that in disp…

This chapter applies to a transfer within the scope of RSA 463-A:2 made after July 30, 1985 if: I. The transfer purports to have been made under the New Hampshire Uniform Gifts to Minors Law; or II. The instrument by which the transfer purports to have been made uses in substance…

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

Notwithstanding the provisions of RSA 21:44 and RSA 21-B, in construing this chapter, the provisions of RSA 463-A:1 relative to the definition of "adult" and "minor" shall apply.

If a minor is seized of an undivided fractional part of real estate, the court may authorize the guardian of the estate to purchase any other fractional part of the real estate whenever it will be conducive to the minor's interests to do so; and when so licensed, the guardian of …

I. Any transfer of custodial property as now defined in this chapter made before July 30, 1985 is validated notwithstanding that there was no specific authority in the New Hampshire Uniform Gifts to Minors Law for the coverage of custodial property of that kind or for a transfer …

I. The court, on petition after notice, may authorize the guardian of the estate to purchase, with the minor's funds, real estate situated in the state as a home for the minor. II. The petition shall state the value of the minor's property and the license shall limit the sum to b…

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

This chapter may be cited as the "New Hampshire Uniform Transfers to Minors Act."

Before making any purchase under any license or authorization, the guardian of the estate shall take the following oath and file a certificate of the oath with the court: "I, __________ , guardian of estate of __________ , swear that in purchasing a homestead for the minor, I am …

If any provisions of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end provisions o…

Every guardian of the estate shall invest, in the name of the minor, or in the guardian's own name as guardian of the minor, the money and the proceeds of all real and personal property of the minor not required for the minor's support in the following described classes of proper…

When a bond is ordered in conjunction with a guardianship of the estate of a minor, no appointment of the guardian shall issue until the bond is furnished to the probate court, with sufficient sureties, in such sum as the court shall approve. A bond without sureties may be ordere…

If a person absent from the state, for whose minor child a guardian has been appointed, neglects to make provision for the child, and leaves property within the state, the court, upon petition of the guardian and notice, may authorize the guardian to sell at auction or private sa…

The guardian of the estate of a minor shall have the right to waive provisions of a will in favor of the minor or the minor's distributive share in a decedent's estate and shall likewise have power to release any other property right of the minor subject to prior authorization of…

I. The father and mother of every minor are joint guardians of the person of such minor, and the powers, rights, and duties of the father and mother in regard to such minor shall be equal. Upon the death of either parent, the survivor shall be the sole guardian of the person of t…

I. A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance…

Any person who has been appointed guardian of the estate of a minor by a court of competent jurisdiction in any other state shall, upon petition and filing of a certified copy of that appointment with the court, be appointed guardian of the estate of the minor situated in this st…

Nothing in this chapter shall preclude institution of proceedings relating to the minor under RSA 464-A.

Guardianships established prior to the effective date of this chapter shall be reviewed in the probate court in accordance with RSA 463:16.