New Hampshire Revised Statutes 464-A:17 – Appointment for Absentees
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Terms Used In New Hampshire Revised Statutes 464-A:17
- 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, besieged or captured by an enemy or any person who has not been seen or heard from for a period of time sufficient to raise a presumption in the discretion of the probate court that such person has abandoned his or her estate or is otherwise incapable of the prudent management of his or her affairs. See New Hampshire Revised Statutes 464-A:2
- Conservator: means a person who is appointed by the court to manage the estate of one who requests the appointment of a conservator. See New Hampshire Revised Statutes 464-A:2
- Court: means the probate court in the county having jurisdiction or where the ward resides. See New Hampshire Revised Statutes 464-A:2
- 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
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Probate: Proving a will
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
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 the county of such absentee’s legal domicile or of the county where the property is located, either on the court’s own motion or upon petition alleging the foregoing facts and showing the necessity for providing care of the property of such absentee made by any person who would have an interest in the property of the absentee were such absentee deceased, after notice to, or on receipt of proper waivers from, the heirs and next of kin of the absentee as provided by law for the administration of an estate, as well as notice by publication once in a newspaper of general circulation in the county of such absentee’s legal domicile or of the county where the property is located and, if in a different county, once in a newspaper of general circulation of the county where such absentee was last seen, and upon good cause being shown, may, after finding the facts to be as aforesaid, appoint a conservator to take charge of the absentee’s estate, under the supervision and subject to the further orders of the court.