New Hampshire Revised Statutes 464-A:5 – Notice; Notice in Case of Expedited Hearing
II. The orders of notice shall include a statement in 10 point or larger bold face type conspicuously enclosed within a dark border. The name of the attorney given in the statement shall be that of the attorney, if any, listed on the petition under N.H. Rev. Stat. § 464-A:4, II(h). If no attorney was listed on the petition, the name of a court appointed attorney shall be given. The statement shall be as follows:
Terms Used In New Hampshire Revised Statutes 464-A:5
- Court: means the probate court in the county having jurisdiction or where the ward resides. See New Hampshire Revised Statutes 464-A:2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- 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
- 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
Important: You have a right to contest this petition and to be represented by a lawyer. The name of your lawyer or, if you have no lawyer, the name of a court appointed lawyer appears below. If you cannot afford to pay lawyer fees, they will be paid for you. The lawyer named below will soon contact you to discuss this matter.
| Lawyer’s name: | Address: | Telephone: |
III. Orders of notice and copies of the petition and any statement required under N.H. Rev. Stat. § 464-A:4, III, shall be sent by first class mail or served by delivery to the office of any court appointed attorney or of the attorney retained by the proposed ward within 24 hours of the appointment by the court or of the notification to the court of the name and address of the attorney.
IV. Orders of notice of the hearing shall issue by first class mail not less than 14 days before the date set for the hearing, to:
(a) The relatives whose names and addresses appear on the petition for guardianship;
(b) The proposed guardian if the proposed guardian is not the petitioner;
(c) The petitioner;
(d) The medical director of a state or private institution if the proposed ward is a patient in, or on leave from, said institution.
IV-a. Notwithstanding the provisions of this section, if the petitioner requests an expedited hearing the court shall determine whether the proposed ward may require urgent medical treatment or whether any other circumstance is alleged to exist which requires an expedited hearing. If the request for an expedited hearing is granted, the court shall schedule such hearing in such manner and time as may be just and issue orders of notice to the proposed ward, the ward’s attorney, relatives of the proposed ward listed in the petition, the proposed guardian, the petitioner and any persons the court deems appropriate.
V. Orders of notice of the hearing shall be published when the court finds in its judgment that publication is reasonably called for.