2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:5 - Notice; Notice in Case of Expedited Hearing.

464-A:5 Notice;  Notice in Case of Expedited Hearing. –
I. Upon filing of the petition, orders of notice shall issue. The orders of notice shall be given in language reasonably understandable by the proposed ward and shall be personally served on the proposed ward not less than 14 days before the date for the hearing set by the court. The orders of notice shall contain the date, time, and place set for the hearing on the petition before the court. The orders of notice shall contain information regarding the nature, purpose, and legal effects of the appointment of a guardian of the person and estate, or the person, or estate. Notice shall further contain information regarding the rights of the proposed ward in the proceedings: the rights to oppose the proceeding, to attend the hearing, to present evidence and to be represented by counsel. Orders of notice shall contain a copy of the petition and any statement filed with the petition under RSA 464-A:4, III.
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 RSA 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:
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 RSA 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.
Source.
1979, 370:1. 1981, 564:3. 1993, 152:5, 6, eff. Jan. 1, 1994.