New Hampshire Revised Statutes 464-A:40 – Termination of Guardianship
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I. A guardianship of the person or of the estate shall terminate upon order of the court, the death of the ward, or upon a finding by the court either that the ward is no longer incapacitated or that the ward’s needs are met by available alternative resources.
II. (a) The ward or any person interested in the ward’s welfare may, at any time, file a motion for the termination of the guardianship based upon a finding that the ward is no longer incapacitated. Provided, however, an order adjudicating incapacity may specify a minimum period, not exceeding one year, during which no motion concerning such adjudication may be filed without special leave.
(b) A ward may request the termination of the guardianship based on a finding that he or she is no longer incapacitated in an informal letter to the court or judge. Persons directly responsible for the care and supervision of the ward may assist the ward in preparing a letter of this kind. Any person who knowingly interferes with a transmission made by, or on behalf of, a ward to the court or judge may be adjudged guilty of contempt of court.
(c) Unless the motion is without merit, the court shall hold a hearing similar to that provided for in N.H. Rev. Stat. § 464-A:8 and N.H. Rev. Stat. § 464-A:9 at which the guardian shall be required to prove that the grounds for appointment of a guardian provided in N.H. Rev. Stat. § 464-A:9 continue to exist.
III. Upon termination of a guardianship of the estate, the guardian shall file a final account with the court within 90 days after the date of termination, or as ordered by the court. When the guardianship is terminated as a result of the ward’s death, the guardian shall include a copy of the death certificate. Upon approval of the account, the guardian shall be discharged and his or her bond released.
IV. Upon termination of a guardianship of the person resulting from the death of the ward, the guardian shall provide a copy of the death certificate to the court within 30 days of the ward’s death. Upon receipt of the death certificate, the guardian shall be discharged.
V. (a) If, within 30 days after the date of a testate or intestate ward’s death, no petition for probate has been filed under any section of N.H. Rev. Stat. Chapter 553 and the gross value of the personal property remaining in the possession of the guardian belonging to the deceased, including any amount left in designated accounts for the ward, is no more than $10,000, the guardian may file in the probate court in the county having jurisdiction over the guardianship an affidavit for the purpose of disposing of such deceased ward’s estate. Once approved by the court, the guardian shall be authorized to dispose of the ward’s accounts in a manner consistent with the court’s order. The form of the affidavit, and the rules governing proceedings under this section, shall be provided by the probate court pursuant to N.H. Rev. Stat. § 547:33.
(b) If the ward died testate and if the guardian has the will or a copy of the will, the guardian shall file the will or copy of the will and a death certificate with the probate court having jurisdiction where the ward resided at the time of the ward’s death pursuant to N.H. Rev. Stat. § 552:2. A copy of the will also shall be filed in the probate court having jurisdiction over the guardianship.
(c) If the deceased ward has known debts, the probate court may order the guardian to pay such debts to those creditors in the order of priority pursuant to N.H. Rev. Stat. § 554:19. If all known debts of the deceased have been paid and a balance remains in the designated accounts for the ward after the filing required under subparagraph (a), the probate court may order the guardian to pay the balance to the ward’s beneficiaries pursuant to the terms of the ward’s will, or if the ward had no will, to those heirs who would inherit pursuant to N.H. Rev. Stat. § 561:1. The probate court may also order the guardian to pay the balance to the state treasurer to be held as abandoned property pursuant to RSA 471-C.
(d) Any guardian, or any organization providing guardianship or other fiduciary services to any individual under the public guardianship and protection program pursuant to RSA 547-B, may petition the probate court to dispose of any non-guardianship accounts, to include but not limited to social security representative payee accounts, and the probate court may authorize the release and distribution of such funds pursuant to the terms of this paragraph.
II. (a) The ward or any person interested in the ward’s welfare may, at any time, file a motion for the termination of the guardianship based upon a finding that the ward is no longer incapacitated. Provided, however, an order adjudicating incapacity may specify a minimum period, not exceeding one year, during which no motion concerning such adjudication may be filed without special leave.
Terms Used In New Hampshire Revised Statutes 464-A:40
- 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
- Fiduciary: A trustee, executor, or administrator.
- 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.
- Incapacity: means a legal, not a medical, disability and shall be measured by functional limitations. See New Hampshire Revised Statutes 464-A:2
- Intestate: Dying without leaving a will.
- 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.
- 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
- 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
- Testate: To die leaving a will.
- 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) A ward may request the termination of the guardianship based on a finding that he or she is no longer incapacitated in an informal letter to the court or judge. Persons directly responsible for the care and supervision of the ward may assist the ward in preparing a letter of this kind. Any person who knowingly interferes with a transmission made by, or on behalf of, a ward to the court or judge may be adjudged guilty of contempt of court.
(c) Unless the motion is without merit, the court shall hold a hearing similar to that provided for in N.H. Rev. Stat. § 464-A:8 and N.H. Rev. Stat. § 464-A:9 at which the guardian shall be required to prove that the grounds for appointment of a guardian provided in N.H. Rev. Stat. § 464-A:9 continue to exist.
III. Upon termination of a guardianship of the estate, the guardian shall file a final account with the court within 90 days after the date of termination, or as ordered by the court. When the guardianship is terminated as a result of the ward’s death, the guardian shall include a copy of the death certificate. Upon approval of the account, the guardian shall be discharged and his or her bond released.
IV. Upon termination of a guardianship of the person resulting from the death of the ward, the guardian shall provide a copy of the death certificate to the court within 30 days of the ward’s death. Upon receipt of the death certificate, the guardian shall be discharged.
V. (a) If, within 30 days after the date of a testate or intestate ward’s death, no petition for probate has been filed under any section of N.H. Rev. Stat. Chapter 553 and the gross value of the personal property remaining in the possession of the guardian belonging to the deceased, including any amount left in designated accounts for the ward, is no more than $10,000, the guardian may file in the probate court in the county having jurisdiction over the guardianship an affidavit for the purpose of disposing of such deceased ward’s estate. Once approved by the court, the guardian shall be authorized to dispose of the ward’s accounts in a manner consistent with the court’s order. The form of the affidavit, and the rules governing proceedings under this section, shall be provided by the probate court pursuant to N.H. Rev. Stat. § 547:33.
(b) If the ward died testate and if the guardian has the will or a copy of the will, the guardian shall file the will or copy of the will and a death certificate with the probate court having jurisdiction where the ward resided at the time of the ward’s death pursuant to N.H. Rev. Stat. § 552:2. A copy of the will also shall be filed in the probate court having jurisdiction over the guardianship.
(c) If the deceased ward has known debts, the probate court may order the guardian to pay such debts to those creditors in the order of priority pursuant to N.H. Rev. Stat. § 554:19. If all known debts of the deceased have been paid and a balance remains in the designated accounts for the ward after the filing required under subparagraph (a), the probate court may order the guardian to pay the balance to the ward’s beneficiaries pursuant to the terms of the ward’s will, or if the ward had no will, to those heirs who would inherit pursuant to N.H. Rev. Stat. § 561:1. The probate court may also order the guardian to pay the balance to the state treasurer to be held as abandoned property pursuant to RSA 471-C.
(d) Any guardian, or any organization providing guardianship or other fiduciary services to any individual under the public guardianship and protection program pursuant to RSA 547-B, may petition the probate court to dispose of any non-guardianship accounts, to include but not limited to social security representative payee accounts, and the probate court may authorize the release and distribution of such funds pursuant to the terms of this paragraph.