New Hampshire Revised Statutes 464-A:4 – Procedure for Court Appointment of a Guardian of an Incapacitated Person
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I. Any relative, public official, or interested person, or any individual in his or her own behalf may file a verified petition for finding of incapacity and appointment of a guardian of a person and estate, or the person, or estate.
II. The petition for appointment of a guardian of the person and estate, or the person, or estate, shall state:
(a) The name, address, corporate or agency status of the petitioner and connection with or relationship to the proposed ward;
(b) The name, age, and address of the proposed ward;
(c) When appropriate, the name and address of the person or institution having care or custody over the proposed ward;
(d) The names and addresses of adult spouses, parents, children and siblings of the proposed ward, so far as they are known to the petitioner;
(e) A brief description and the approximate value of the real and personal property and income of the proposed ward so far as they are known to the petitioner;
(f) The nature of the guardianship sought, whether over the person and estate, or person, or estate;
(g) The name, address, occupation and relationship to the proposed ward, if any, of the proposed guardian;
(h) The name and address of counsel, if any, for the proposed ward; and
(i) The length of time for which the appointment of a guardian is requested, whether for an indefinite or limited period of time.
III. A statement shall be filed with the petition for appointment of the guardian of the person and estate, or the person, or estate, containing facts showing the necessity for the appointment of a guardian of the person and estate, or the person, or estate of the proposed ward, including specific factual allegations as to the proposed ward’s financial transactions, personal actions or actual occurrences which are claimed to demonstrate his or her inability to manage an estate, or to provide for personal needs for health care, food, clothing, shelter, or safety.
IV. When an expedited hearing is requested, an affidavit by the petitioner, or in the case of a medical emergency, by the proposed ward’s physician, shall be filed with the petition setting forth the reasons an expedited hearing is necessary.
V. (a) In all guardianships of the person, except when an agency or institution is named as the proposed guardian, the court shall review the proposed guardian’s record of criminal convictions maintained by the New Hampshire division of state police.
(b) The petitioner shall file a release provided by the court and signed by the proposed guardian authorizing the release of any record of criminal convictions. The court may, in its discretion, accept a petition without the signed release and may appoint a guardian prior to receiving the proposed guardian’s record of criminal convictions. When the court appoints a guardian prior to the receipt of the record of criminal convictions, the court shall review the record upon receipt and may reexamine the appointment of the guardian based on the information contained in the record.
(c) The court may, in its discretion, request a search of the abuse and neglect registry maintained by the department of health and human services.
(d) The court may, in its discretion, request the same information from similar agencies in other states as appropriate.
II. The petition for appointment of a guardian of the person and estate, or the person, or estate, shall state:
Terms Used In New Hampshire Revised Statutes 464-A:4
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Court: means the probate court in the county having jurisdiction or where the ward resides. See New Hampshire Revised Statutes 464-A:2
- Emergency: means a situation such that the allegedly incapacitated person due to his or her incapacity faces a substantial risk of death or immediate serious physical or mental harm to himself or herself, or immediate serious physical harm to others; or there is a substantial risk that irreparable harm will occur to valuable property owned or controlled by the allegedly incapacitated person. See New Hampshire Revised Statutes 464-A:2
- Expedited hearing: means a hearing held within 15 days of the filing of the petition or such other time period as justice requires. 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
- Incapacity: means a legal, not a medical, disability and shall be measured by functional limitations. See New Hampshire Revised Statutes 464-A:2
- Interested person: means any adult who has an interest in the welfare of the person to be protected under this chapter. 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
- Personal property: All property that is not real property.
- 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
- 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
(a) The name, address, corporate or agency status of the petitioner and connection with or relationship to the proposed ward;
(b) The name, age, and address of the proposed ward;
(c) When appropriate, the name and address of the person or institution having care or custody over the proposed ward;
(d) The names and addresses of adult spouses, parents, children and siblings of the proposed ward, so far as they are known to the petitioner;
(e) A brief description and the approximate value of the real and personal property and income of the proposed ward so far as they are known to the petitioner;
(f) The nature of the guardianship sought, whether over the person and estate, or person, or estate;
(g) The name, address, occupation and relationship to the proposed ward, if any, of the proposed guardian;
(h) The name and address of counsel, if any, for the proposed ward; and
(i) The length of time for which the appointment of a guardian is requested, whether for an indefinite or limited period of time.
III. A statement shall be filed with the petition for appointment of the guardian of the person and estate, or the person, or estate, containing facts showing the necessity for the appointment of a guardian of the person and estate, or the person, or estate of the proposed ward, including specific factual allegations as to the proposed ward’s financial transactions, personal actions or actual occurrences which are claimed to demonstrate his or her inability to manage an estate, or to provide for personal needs for health care, food, clothing, shelter, or safety.
IV. When an expedited hearing is requested, an affidavit by the petitioner, or in the case of a medical emergency, by the proposed ward’s physician, shall be filed with the petition setting forth the reasons an expedited hearing is necessary.
V. (a) In all guardianships of the person, except when an agency or institution is named as the proposed guardian, the court shall review the proposed guardian’s record of criminal convictions maintained by the New Hampshire division of state police.
(b) The petitioner shall file a release provided by the court and signed by the proposed guardian authorizing the release of any record of criminal convictions. The court may, in its discretion, accept a petition without the signed release and may appoint a guardian prior to receiving the proposed guardian’s record of criminal convictions. When the court appoints a guardian prior to the receipt of the record of criminal convictions, the court shall review the record upon receipt and may reexamine the appointment of the guardian based on the information contained in the record.
(c) The court may, in its discretion, request a search of the abuse and neglect registry maintained by the department of health and human services.
(d) The court may, in its discretion, request the same information from similar agencies in other states as appropriate.