New Hampshire Revised Statutes 464-A:26 – General Powers and Duties of Guardian of the Estate
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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 thereof. Subject to such possession, the title of all such estate and to the increment and proceeds thereof shall be in the ward and not in the guardian. It is the duty of the guardian of the estate to protect and preserve it, to retain, sell and invest it as hereinafter provided, to prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of the estate’s assets, to account for it faithfully, to perform all other duties required by law, and at the termination of the guardianship to deliver the assets of the ward to the persons entitled thereto. The guardian of the estate shall apply the money and property for the support, care, and education of the ward, but, the guardian may not use funds from the ward’s estate for room and board which the guardian or his or her spouse, parent, or child have furnished the ward unless a charge for the service is approved by order of the court made upon notice to at least one of the next of kin of the ward, if notice is possible. The guardian may institute proceedings to compel any person or agency under a duty to support the ward, or a duty to pay sums for the welfare of the ward, to perform this duty.
II. Except as limited by statute or order of the court, the guardian of the estate shall have the power to perform, without court authorization, every act which persons of prudence, discretion and intelligence and exercising judgment and care as in the management of their own affairs would perform for the purposes of the guardianship, including, but not limited to, the powers specified in N.H. Rev. Stat. § 564-B:8-816.
III. Every guardian shall take a receipt of the ward or of his or her legal representative, to whom the guardian shall pay or deliver the property of the ward, and shall file the same in the probate office, to be there recorded and preserved. The time of its being so filed shall be certified upon the clerk.
IV. Any guardian may be cited by the judge for failure to file such receipt in the probate office. If he neglects or refuses to do so he may be found in contempt and fined up to $5 per day, unless the judge, after a hearing, shall certify the reason of the omission to be sufficient. All fines collected under this section shall be for the benefit of the county in which the fine is paid.
V. A guardian of the estate shall be required to file an annual account with the probate court pursuant to this chapter, unless the court finds that it is not appropriate. The court may limit the powers of the guardian of the estate or impose additional duties if it deems such action desirable in the best interests of the ward. With respect to guardians of the estate appointed pursuant to N.H. Rev. Stat. § 464-A:42, the court may limit the duties of the guardian of the estate if it deems such actions appropriate in the best interests of the child.
VI. [Repealed.]
II. Except as limited by statute or order of the court, the guardian of the estate shall have the power to perform, without court authorization, every act which persons of prudence, discretion and intelligence and exercising judgment and care as in the management of their own affairs would perform for the purposes of the guardianship, including, but not limited to, the powers specified in N.H. Rev. Stat. § 564-B:8-816.
Terms Used In New Hampshire Revised Statutes 464-A:26
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means the probate court in the county having jurisdiction or where the ward resides. See New Hampshire Revised Statutes 464-A:2
- 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.
- Guardian of the estate: means one appointed by the court to manage the estate of the incapacitated person as specified by a court order. See New Hampshire Revised Statutes 464-A:2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Personal property: All property that is not real property.
- Probate: Proving a will
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Statute: A law passed by a legislature.
- Ward: means a person for whom a guardian of the person and the estate, or the person, or estate, has been appointed. See New Hampshire Revised Statutes 464-A:2
III. Every guardian shall take a receipt of the ward or of his or her legal representative, to whom the guardian shall pay or deliver the property of the ward, and shall file the same in the probate office, to be there recorded and preserved. The time of its being so filed shall be certified upon the clerk.
IV. Any guardian may be cited by the judge for failure to file such receipt in the probate office. If he neglects or refuses to do so he may be found in contempt and fined up to $5 per day, unless the judge, after a hearing, shall certify the reason of the omission to be sufficient. All fines collected under this section shall be for the benefit of the county in which the fine is paid.
V. A guardian of the estate shall be required to file an annual account with the probate court pursuant to this chapter, unless the court finds that it is not appropriate. The court may limit the powers of the guardian of the estate or impose additional duties if it deems such action desirable in the best interests of the ward. With respect to guardians of the estate appointed pursuant to N.H. Rev. Stat. § 464-A:42, the court may limit the duties of the guardian of the estate if it deems such actions appropriate in the best interests of the child.
VI. [Repealed.]