2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:25 - General Powers and Duties of Guardian of the Person.

464-A:25 General Powers and Duties of Guardian of the Person. –
I. A guardian of an incapacitated person has the following powers and duties, except as modified by order of the court:
(a) To the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, the guardian shall be entitled to custody of the ward and may establish the ward's place of abode within or without this state. Admission to a state institution or other designated receiving facility shall be in accordance with the following:
(1) A guardian may admit a ward to a state institution or other designated receiving facility with prior approval of the probate court if, following notice and hearing, the court finds beyond a reasonable doubt that the placement is in the ward's best interest and is the least restrictive placement available. Authorization for such admission shall not be time limited unless the court so orders. Authority to admit a ward to a state institution or other designated receiving facility with prior approval under this subparagraph shall not be subject to the limitations contained in RSA 464-A:25, I(a)(2) through (7).
(2) A guardian may admit a ward to a state institution or other designated receiving facility without prior approval of the probate court upon written certification by a licensed physician, a licensed advanced practice registered nurse, or a licensed physician assistant, licensed in the state of New Hampshire, or, in the case of placement in New Hampshire hospital or other designated receiving facility, by a psychiatrist licensed in the state of New Hampshire, a psychiatrist-supervised physician assistant licensed in this state, or an advanced practice registered nurse, as defined in RSA 135-C:2, II-a, that the placement is in the ward's best interest and is the least restrictive placement available. Within 36 hours, excluding days when the court is closed, of such an admission of a ward to a state institution or other designated receiving facility, the guardian shall submit to the applicable county probate court notice of the admission and the reasons therefor, together with a copy of the certificate by the physician, psychiatrist, physician assistant, or advanced practice registered nurse.
(3) The applicable county probate court shall review the guardian's notice within 48 hours of the filing of the notice, excluding days when the court is closed, to determine whether the notice on its face appears to establish that the placement is in the ward's best interest and is the least restrictive placement available. If the court concludes that the notice is insufficient, the court shall order the immediate release of the ward from the state institution or other designated receiving facility. If the court concludes that the notice is sufficient, counsel for the ward shall be appointed no later than 48 hours following the court's review of the guardian's notice, excluding days when the court is closed. Notice of the appointment shall be transmitted to the ward, to the guardian, and to counsel. Counsel's notice shall be transmitted in writing and electronically or in another manner which is likely to give actual notice of the appointment to counsel at the earliest practicable time. For purposes of proceedings regarding admissions to state institutions or other designated receiving facilities without prior court approval, the ward shall have the right to legal counsel in the same manner as provided in RSA 464-A:6. The court shall also provide the ward a notice stating that the ward has the right to appointed counsel, the right to oppose the admission by the guardian, and the right to a hearing and to present evidence at that hearing.
(4) Counsel for a ward admitted to a state institution or other designated receiving facility who has been appointed pursuant to subparagraph (3) shall deliver a written report to the court within 5 days of his or her appointment which shall declare whether the ward requests a hearing on the propriety of the admission. Unless the ward waives a hearing, counsel's report shall include a request for a hearing on behalf of the ward. A copy of counsel's report shall be sent to the ward and to the guardian. If the court does not receive a written report from counsel within 5 days of counsel's appointment, the court shall order appropriate relief, including but not limited to substitution of counsel, an order to show cause, or scheduling of a hearing on the propriety of the admission without awaiting a report from counsel.
(5) Upon receipt of a request for a hearing, the court shall schedule a hearing on the admission to a state institution or other designated receiving facility without prior approval of the probate court, at which the guardian shall have the burden of proving, beyond a reasonable doubt, that the placement is in the ward's best interest and is the least restrictive placement available. The hearing shall be held within 10 days, excluding days when the court is closed, from the date that the request is received.
(6) A guardian may not admit a ward to a state institution or other designated receiving facility for more than 60 days for any single admission or more than 90 days in any 12-month period upon certification of a physician, psychiatrist-supervised physician assistant, or psychiatrist, or an advanced practice registered nurse as defined in RSA 135-C:2, II-a, without filing a petition requesting approval of the probate court.
(7) At any time, the ward or counsel for the ward may request a hearing on the admission to a state institution or other designated receiving facility without prior approval of the probate court, at which the guardian shall have the burden of proving, beyond a reasonable doubt, that the placement is in the ward's best interest and is the least restrictive placement available. The hearing shall be held within 15 days, excluding days when the court is closed, from the date that the hearing is requested.
(b) If entitled to custody of the ward, a guardian shall make provision for the care, comfort and maintenance of the ward, and, whenever appropriate, arrange for the ward's training, education or rehabilitation. The guardian shall take reasonable care of the ward's clothing and personal effects.
(c) A guardian shall file an annual report with the probate court, unless the court finds that such report is not necessary.
(d) A guardian of the person may give any necessary consent or approval to enable the ward to receive medical or other professional care, counsel, treatment, or service or may withhold consent for a specific treatment, provided, that the court has previously authorized the guardian to have this authority, which authority shall be reviewed by the court as part of its review of the guardian's annual report. No guardian may give consent for psychosurgery, electro-convulsive therapy, sterilization, or experimental treatment of any kind unless the procedure is first approved by order of the probate court.
(e) If a ward has previously executed a valid living will, under RSA 137-J, a guardian shall be bound by the terms of such document, provided that the court may hold a hearing to interpret any ambiguity in such document. If a ward has previously executed a valid durable power of attorney for health care, RSA 137-J shall apply.
(f) Upon a finding that ensuring treatment compliance is in the best interest of a ward, the probate court may authorize a guardian appointed pursuant to RSA 464-A, to request the assistance of any law enforcement official to restrain or transport, or both, the ward to receive appropriate treatment.
(g) A guardian may authorize a health care provider to restrain or forcibly administer treatment, or both, to the ward, subject to any limitations imposed by the court.
(h) A guardian shall act with respect to the ward in a manner which safeguards to the greatest extent possible the civil rights of the ward, and shall restrict the personal freedom of the ward only to the extent necessary.
II. The court may limit the powers of the guardian of the person or impose additional duties if it deems such action desirable for the best interests of the ward.
Source.
1979, 370:1. 1983, 409:6. 1990, 212:1. 1993, 152:8. 2005, 67:1. 2006, 302:4. 2010, 288:1. 2015, 144:3, 4, eff. June 12, 2015. 2018, 343:9, eff. July 1, 2018. 2019, 278:10, 11, eff. Sept. 17, 2019.