New Hampshire Revised Statutes 464-A:4-a – Nomination of Guardian for Incapacitated Persons for Whom Activated Member of the Armed Services is Guardian
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I. Any member of the United States armed services, whether a member of an active component, reserve component, or national guard unit of the army, air force, navy, marines, or coast guard who is ordered to active duty outside of the state of New Hampshire with the armed forces of the United States or state militia of any state and who is the guardian of an incapacitated person may nominate a successor guardian of the person with the same powers and duties of a guardian of the person under N.H. Rev. Stat. § 464-A:25.
II. The document nominating the guardian shall have the effect of an order appointing a temporary guardian under N.H. Rev. Stat. § 464-A:12, except that it shall expire 7 days after activation or when a guardianship has been granted by the court, whichever is sooner. Upon activation, the individual nominated guardian shall petition for appointment of a guardian of the person within 7 days in the county where the original guardianship was granted. The petitioner shall append to the petition copies of the nomination document and the member’s activation orders. The petition for appointment of a guardian shall be processed, heard, and adjudicated in the same manner as other guardianships filed under this chapter. All fees for the filing of the petition for the appointment of a guardian under this section shall be waived.
III. Nomination of a guardian of the person by an activated member of the armed services shall be made by using a properly executed nomination document to which a certified copy of the existing guardianship order shall be attached. The document nominating the guardian shall contain the following:
(a) Name and address of the armed forces member.
(b) Name and address of the person nominated the guardian.
(c) Name and address of the ward.
(d) The following language:
Know all persons that I __________ , currently residing at __________ , by this document do consent to the appointment of __________ , whose address is __________ , as the successor guardian of __________ , thereby waiving notice of the petition. This document shall grant the person nominated the same powers and duties of a guardian of the person under N.H. Rev. Stat. § 464-A:25 for 7 days from the date of my activation or until the probate court grants a guardianship, whichever is sooner. A copy of my activation orders must accompany this document for it to be valid.
IV. The legal guardian’s signature shall be witnessed by a third party and the signatures of the witness and legal guardian shall be acknowledged by a notary public.
V. Upon receipt of a petition to terminate a substitute guardianship created under this section filed by the service member, the court shall terminate the substitute guardianship.
II. The document nominating the guardian shall have the effect of an order appointing a temporary guardian under N.H. Rev. Stat. § 464-A:12, except that it shall expire 7 days after activation or when a guardianship has been granted by the court, whichever is sooner. Upon activation, the individual nominated guardian shall petition for appointment of a guardian of the person within 7 days in the county where the original guardianship was granted. The petitioner shall append to the petition copies of the nomination document and the member’s activation orders. The petition for appointment of a guardian shall be processed, heard, and adjudicated in the same manner as other guardianships filed under this chapter. All fees for the filing of the petition for the appointment of a guardian under this section shall be waived.
Terms Used In New Hampshire Revised Statutes 464-A:4-a
- Active duty: means full-time duty as an enlisted member, or as a commissioned or warrant officer, in any branch of the armed forces. See New Hampshire Revised Statutes 21:50
- Armed forces: means the United States Army, Army Reserve, Navy, Naval Reserve, Marine Corps, Marine Corps Reserve, Air Force, Air Force Reserve, Space Force, Coast Guard, Coast Guard Reserve, Army National Guard, and the Air National Guard. See New Hampshire Revised Statutes 21:50
- Court: means the probate court in the county having jurisdiction or where the ward resides. See New Hampshire Revised Statutes 464-A:2
- 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 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
- 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
- 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
- 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. Nomination of a guardian of the person by an activated member of the armed services shall be made by using a properly executed nomination document to which a certified copy of the existing guardianship order shall be attached. The document nominating the guardian shall contain the following:
(a) Name and address of the armed forces member.
(b) Name and address of the person nominated the guardian.
(c) Name and address of the ward.
(d) The following language:
Know all persons that I __________ , currently residing at __________ , by this document do consent to the appointment of __________ , whose address is __________ , as the successor guardian of __________ , thereby waiving notice of the petition. This document shall grant the person nominated the same powers and duties of a guardian of the person under N.H. Rev. Stat. § 464-A:25 for 7 days from the date of my activation or until the probate court grants a guardianship, whichever is sooner. A copy of my activation orders must accompany this document for it to be valid.
IV. The legal guardian’s signature shall be witnessed by a third party and the signatures of the witness and legal guardian shall be acknowledged by a notary public.
V. Upon receipt of a petition to terminate a substitute guardianship created under this section filed by the service member, the court shall terminate the substitute guardianship.