Terms Used In New Hampshire Revised Statutes > Chapter 464-A - Guardians and Conservators

• Absentee: means a person serving in or with the armed forces of the United States, or a person serving as a merchant seaman, who has been reported or listed as missing or missing in action or interned in a neutral country or has been beleaguered, besieged or captured by an enemy or any person who has not been seen or heard from for a period of time sufficient to raise a presumption in the discretion of the probate court that such person has abandoned his or her estate or is otherwise incapable of the prudent management of his or her affairs. See New Hampshire Revised Statutes 464-A:2
• 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
• 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.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Conservator: means a person who is appointed by the court to manage the estate of one who requests the appointment of a conservator. See New Hampshire Revised Statutes 464-A:2
• Contract: A legal written agreement that becomes binding when signed.
• Court: means the probate court in the county having jurisdiction or where the ward resides. See New Hampshire Revised Statutes 464-A:2
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Dependent: A person dependent for support upon another.
• Emergency: means a situation such that the allegedly incapacitated person due to his or her incapacity faces a substantial risk of death or immediate serious physical or mental harm to himself or herself, or immediate serious physical harm to others; or there is a substantial risk that irreparable harm will occur to valuable property owned or controlled by the allegedly incapacitated person. 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.
• Executor: A male person named in a will to carry out the decedent
• 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
• Family guardian: means a competent person who provides guardianship services to a ward and who is related to the ward by blood, adoption, marriage, or civil union. See New Hampshire Revised Statutes 464-A:2
• Fiduciary: A trustee, executor, or administrator.
• 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
• Functional limitations: means behavior or conditions in an individual which impair his or her ability to participate in and perform minimal activities of daily living that secure and maintain proper food, clothing, shelter, health care or safety for himself or herself. See New Hampshire Revised Statutes 464-A:2
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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
• 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
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Immediate: means a strong likelihood that an event will occur within 72 hours. See New Hampshire Revised Statutes 464-A:2
• Incapacity: means a legal, not a medical, disability and shall be measured by functional limitations. See New Hampshire Revised Statutes 464-A:2
• Informed judgment: means a choice made by a person who has the ability to make such a choice, and who makes it voluntarily after all relevant information necessary to making the decision has been provided, and who understands that he is free to choose or refuse any alternative available and who clearly indicates or expresses the outcome of his choice. See New Hampshire Revised Statutes 464-A:2
• Interested person: means any adult who has an interest in the welfare of the person to be protected under this chapter. 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.
• justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Least restrictive form of intervention: shall mean that the guardianship imposed on the ward represents only those limitations necessary to provide him or her with needed care and rehabilitative services, and that the ward shall enjoy the greatest amount of personal freedom and civil liberties consistent with his or her mental and physical limitations. See New Hampshire Revised Statutes 464-A:2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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
• oath: shall include "affirmation" in all cases where by law an affirmation may be substituted for an oath; and, in like cases, the word "sworn" shall include the word "affirmed. See New Hampshire Revised Statutes 21:24
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
• 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}
• Probate: Proving a will
• Professional guardian: means a competent person who provides guardianship services for a fee to a ward and who is not related to the ward by blood, adoption, marriage, or civil union. See New Hampshire Revised Statutes 464-A:2
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prudent management: means the standard of care that would be observed by a prudent person dealing with the property of another. See New Hampshire Revised Statutes 464-A:2
• real estate: shall include lands, tenements, and hereditaments, and all rights thereto and interests therein. See New Hampshire Revised Statutes 21:21
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• registered mail: when used in connection with the requirement for notice by mail shall mean either registered mail or certified mail. See New Hampshire Revised Statutes 21:32-a
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• Statute: A law passed by a legislature.
• sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
• Testate: To die leaving a will.
• Testify: Answer questions in court.
• United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
• Venue: The geographical location in which a case is tried.
• Volunteer guardian: means a competent person who provides guardianship services to no more than 2 wards at the same time and who is not related to the ward by blood, adoption, marriage, or civil union. See New Hampshire Revised Statutes 464-A:2
• 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
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.