New Hampshire Revised Statutes 464-A:39 – Resignation, Removal, or Death of Guardian
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I. Any person appointed as guardian of the person or an estate or both shall serve until:
(a) His or her resignation is accepted by the court;
(b) He or she dies;
(c) The court finds removal of the guardian to be in the ward‘s best interests; or
(d) The guardianship is terminated pursuant to this section or N.H. Rev. Stat. § 464-A:40.
II. A guardian seeking to resign shall file a motion for court approval of the resignation. Resignation of a guardian is not effective until accepted by the court and a successor guardian is appointed or the guardianship is terminated.
III. The ward or any person interested in the ward’s welfare may file a motion for the removal of the guardian of the person or the estate or both, if removal would be in the ward’s best interests.
IV. The guardianship shall not terminate with the resignation, removal, or death of the guardian, unless the court order expressly terminates the guardianship. If the guardianship is not terminated, the court shall appoint a successor guardian.
V. The resignation accepted by the court, removal, death of the guardian, or termination of the guardianship shall terminate the authority of the guardian, but shall not release the guardian from responsibility for any act or omission occurring during the period of the guardian’s appointment.
VI. Any resignation or removal may be conditioned on such requirements or occurrences as the court may specify in the exercise of its reasonable discretion. The court may make such further orders as may be appropriate, including requiring a final account.
(a) His or her resignation is accepted by the court;
Terms Used In New Hampshire Revised Statutes 464-A:39
- 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 person: means one appointed by the court to have care and custody of the incapacitated person as specified by a court order. 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
- 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
(b) He or she dies;
(c) The court finds removal of the guardian to be in the ward‘s best interests; or
(d) The guardianship is terminated pursuant to this section or N.H. Rev. Stat. § 464-A:40.
II. A guardian seeking to resign shall file a motion for court approval of the resignation. Resignation of a guardian is not effective until accepted by the court and a successor guardian is appointed or the guardianship is terminated.
III. The ward or any person interested in the ward’s welfare may file a motion for the removal of the guardian of the person or the estate or both, if removal would be in the ward’s best interests.
IV. The guardianship shall not terminate with the resignation, removal, or death of the guardian, unless the court order expressly terminates the guardianship. If the guardianship is not terminated, the court shall appoint a successor guardian.
V. The resignation accepted by the court, removal, death of the guardian, or termination of the guardianship shall terminate the authority of the guardian, but shall not release the guardian from responsibility for any act or omission occurring during the period of the guardian’s appointment.
VI. Any resignation or removal may be conditioned on such requirements or occurrences as the court may specify in the exercise of its reasonable discretion. The court may make such further orders as may be appropriate, including requiring a final account.