New Hampshire Revised Statutes 135-C:45-a – Appointment of Limited Guardian
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I. In any case in which the petition includes a request for appointment of a guardian, the court shall also determine whether to appoint a guardian over the person for the purpose of providing health care. There shall be a legal presumption of capacity, and the burden of proof shall be on the petitioner to prove beyond a reasonable doubt that the respondent is incapacitated and in need of a guardian.
II. At the hearing, the court shall:
(a) Inquire into the nature and extent of the functional limitations of the respondent; and
(b) Ascertain his or her capacity to care for himself or herself with respect to his or her health care.
III. If it is determined that the respondent possesses the capacity to care for himself or herself regarding health care, then the court shall deny the request for appointment of a guardian.
IV. Alternatively, the court may appoint a guardian of the person with respect to health care as requested in the petition and confer specific powers of guardianship on the proposed guardian after finding in the record based on evidence beyond a reasonable doubt that:
(a) The person for whom a guardian is to be appointed is incapacitated; and
(b) The guardianship is necessary as a means of providing appropriate health care for the incapacitated person; and
(c) There are no available alternative resources which are suitable with respect to the incapacitated person’s welfare, safety, and rehabilitation; and
(d) The guardianship is appropriate as the least restrictive form of intervention consistent with the preservation of the civil rights and liberties of the respondent.
V. If a guardian is appointed, letters of guardianship shall be issued, as provided in N.H. Rev. Stat. § 464-A:11.
VI. Except as modified by order of the court, a guardian appointed under this chapter shall have the powers and duties set forth in N.H. Rev. Stat. § 464-A:25, I(d).
VII. The provisions of N.H. Rev. Stat. § 464-A:10 shall govern who may be a guardian.
VIII. Upon appointment, the guardian shall give bond to the court as provided in N.H. Rev. Stat. § 464-A:21.
IX. Compensation to the guardian shall be allowed as provided in N.H. Rev. Stat. § 464-A:23.
X. The provisions of N.H. Rev. Stat. § 464-A:24 shall govern the appointment of agents by guardians.
XI. The guardian shall file biennial reports as provided in N.H. Rev. Stat. § 464-A:35, give annual notice to the ward as provided in N.H. Rev. Stat. § 464-A:38, file a final accounting report as provided in N.H. Rev. Stat. § 464-A:40, and be subject to the provisions and sanctions of N.H. Rev. Stat. § 464-A:37 for failure to make or file any report within the time provided by law.
XII. The provisions of N.H. Rev. Stat. § 464-A:39 shall govern the removal or resignation of the guardian.
XIII. The guardian may at any time file a petition pursuant to N.H. Rev. Stat. § 464-A:4 for a finding of incapacity and expansion of his or her authority over the person or estate of the ward. Such a proceeding shall be governed by the provisions of RSA 464-A.
II. At the hearing, the court shall:
Terms Used In New Hampshire Revised Statutes 135-C:45-a
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
(a) Inquire into the nature and extent of the functional limitations of the respondent; and
(b) Ascertain his or her capacity to care for himself or herself with respect to his or her health care.
III. If it is determined that the respondent possesses the capacity to care for himself or herself regarding health care, then the court shall deny the request for appointment of a guardian.
IV. Alternatively, the court may appoint a guardian of the person with respect to health care as requested in the petition and confer specific powers of guardianship on the proposed guardian after finding in the record based on evidence beyond a reasonable doubt that:
(a) The person for whom a guardian is to be appointed is incapacitated; and
(b) The guardianship is necessary as a means of providing appropriate health care for the incapacitated person; and
(c) There are no available alternative resources which are suitable with respect to the incapacitated person’s welfare, safety, and rehabilitation; and
(d) The guardianship is appropriate as the least restrictive form of intervention consistent with the preservation of the civil rights and liberties of the respondent.
V. If a guardian is appointed, letters of guardianship shall be issued, as provided in N.H. Rev. Stat. § 464-A:11.
VI. Except as modified by order of the court, a guardian appointed under this chapter shall have the powers and duties set forth in N.H. Rev. Stat. § 464-A:25, I(d).
VII. The provisions of N.H. Rev. Stat. § 464-A:10 shall govern who may be a guardian.
VIII. Upon appointment, the guardian shall give bond to the court as provided in N.H. Rev. Stat. § 464-A:21.
IX. Compensation to the guardian shall be allowed as provided in N.H. Rev. Stat. § 464-A:23.
X. The provisions of N.H. Rev. Stat. § 464-A:24 shall govern the appointment of agents by guardians.
XI. The guardian shall file biennial reports as provided in N.H. Rev. Stat. § 464-A:35, give annual notice to the ward as provided in N.H. Rev. Stat. § 464-A:38, file a final accounting report as provided in N.H. Rev. Stat. § 464-A:40, and be subject to the provisions and sanctions of N.H. Rev. Stat. § 464-A:37 for failure to make or file any report within the time provided by law.
XII. The provisions of N.H. Rev. Stat. § 464-A:39 shall govern the removal or resignation of the guardian.
XIII. The guardian may at any time file a petition pursuant to N.H. Rev. Stat. § 464-A:4 for a finding of incapacity and expansion of his or her authority over the person or estate of the ward. Such a proceeding shall be governed by the provisions of RSA 464-A.