New Hampshire Revised Statutes 464-A:42 – Settlements on Behalf of Minors or Judgments or Decrees in Favor of Minors
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Settlements, judgments, or decrees of any suit or claim brought on behalf of a minor by a parent or next friend shall be approved by the superior or district court in which the action is pending or to which a writ may be made returnable as follows:
I. If the net amount, as defined in N.H. Rev. Stat. § 463:2, VI, or the portion thereof, to be paid to the minor while still a minor, exceeds $10,000:
(a) Superior court or district court approval of settlements, including structured settlements, is required. The superior or district court shall require proof in the form of a certified statement from the probate court that the guardian ad litem, parent, next friend, or other person who receives money on behalf of the minor has been appointed guardian of the estate of such minor and is subject to the duties prescribed under N.H. Rev. Stat. § 463:19.
(b) In the case of a judgment or decree, the superior or district court shall, before making any orders for payment, require proof in the form of a certified statement from the probate court that the guardian ad litem, parent, next friend, or other person who receives money on behalf of the minor has been appointed guardian of the estate of such minor and is subject to the duties prescribed under N.H. Rev. Stat. § 463:19.
II. For any net amount, as defined in N.H. Rev. Stat. § 463:2, VI, which is to be paid to the minor after the minor attains the age of majority:
(a) The superior court or district court may require approval, for good cause shown, of settlements, including structured settlements.
(b) The superior court or district court may make further orders regarding said distribution for good cause shown in the case of a judgment or decree.
I. If the net amount, as defined in N.H. Rev. Stat. § 463:2, VI, or the portion thereof, to be paid to the minor while still a minor, exceeds $10,000:
Terms Used In New Hampshire Revised Statutes 464-A:42
- 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 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
- Net amount: means the amount of settlement, judgment and related interest and taxable costs, or decree received after the deduction of attorney's fees, court costs, and other expenses related to the claim. 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
- Probate: Proving a will
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) Superior court or district court approval of settlements, including structured settlements, is required. The superior or district court shall require proof in the form of a certified statement from the probate court that the guardian ad litem, parent, next friend, or other person who receives money on behalf of the minor has been appointed guardian of the estate of such minor and is subject to the duties prescribed under N.H. Rev. Stat. § 463:19.
(b) In the case of a judgment or decree, the superior or district court shall, before making any orders for payment, require proof in the form of a certified statement from the probate court that the guardian ad litem, parent, next friend, or other person who receives money on behalf of the minor has been appointed guardian of the estate of such minor and is subject to the duties prescribed under N.H. Rev. Stat. § 463:19.
II. For any net amount, as defined in N.H. Rev. Stat. § 463:2, VI, which is to be paid to the minor after the minor attains the age of majority:
(a) The superior court or district court may require approval, for good cause shown, of settlements, including structured settlements.
(b) The superior court or district court may make further orders regarding said distribution for good cause shown in the case of a judgment or decree.