I. The judge may, on petition after notice to the ward, the ward’s spouse, the ward’s heirs at law and a representative of the ward if the judge deems this necessary, license the guardian of the estate to purchase with the funds of the ward real estate situated in this state, as a homestead for said ward.
II. The petition shall state the value of the ward’s property and the license shall limit the sum to be expended for such homestead as the judge shall deem proper.

Terms Used In New Hampshire Revised Statutes 464-A:33

  • following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
  • 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
  • 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
  • real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
  • 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
  • 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. Before making any purchase under such license, the guardian of the estate shall take the following oath and file a certificate thereof in the office of the clerk:
“I, ………. , guardian of the estate of ………. , swear that in purchasing a homestead for my ward, I am acting in the best interests and to the utmost advantage for my ward, without any self-interest whatever.”