New Hampshire Revised Statutes 564-E:108 – Nomination of Guardian; Relation of Agent to Court-Appointed Fiduciary
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(a) In a power of attorney, a principal may nominate a guardian of the principal’s estate or guardian of the principal’s person for consideration by the court if protective proceedings for the principal’s estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal’s most recent nomination.
(b) If, after a principal executes a power of attorney, a court appoints a conservator or guardian of the principal’s estate or other fiduciary charged with the management of some or all of the principal’s property:
(1) the agent is accountable to the fiduciary as well as to the principal;
(2) the power of attorney is not terminated and the agent’s authority continues unless limited, suspended, or terminated by the court; and
(3) The fiduciary shall have the same power as the principal to revoke, suspend, or terminate all or any part of such power of attorney.
(b) If, after a principal executes a power of attorney, a court appoints a conservator or guardian of the principal’s estate or other fiduciary charged with the management of some or all of the principal’s property:
Terms Used In New Hampshire Revised Statutes 564-E:108
- 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.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(1) the agent is accountable to the fiduciary as well as to the principal;
(2) the power of attorney is not terminated and the agent’s authority continues unless limited, suspended, or terminated by the court; and
(3) The fiduciary shall have the same power as the principal to revoke, suspend, or terminate all or any part of such power of attorney.