reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:7 - Definitions; Significant Connection Factors.

464-C:7 Definitions;  Significant Connection Factors. –
I. In this chapter:
(a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf.
(b) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least 6 consecutive months ending within the 6 months prior to the filing of the petition.
(c) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
II. In determining under RSA 464-C:7 and RSA 464-C:16, V whether a respondent has a significant connection with a particular state, the court shall consider:
(a) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(b) The length of time the respondent at any time was physically present in the state and the duration of any absence;
(c) The location of the respondent's property; and
(d) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:8 - Exclusive Basis.

464-C:8 Exclusive Basis. –
This chapter provides the exclusive jurisdictional basis for a court to address and adjudicate a case falling within the provisions of this chapter.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:9 - Jurisdiction.

464-C:9 Jurisdiction. –
A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
I. This state is the respondent's home state.
II. On the date the petition is filed, this state is a significant-connection state and:
(a) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(1) A petition for an appointment or order is not filed in the respondent's home state;
(2) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(3) The court in this state concludes that it is an appropriate forum under the factors set forth in RSA 464-C:12;
III. This state does not have jurisdiction under either paragraph I or II, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
IV. The requirements for special jurisdiction under RSA 464-C:10 are met.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:10 - Special Jurisdiction.

464-C:10 Special Jurisdiction. –
I. A court of this state lacking jurisdiction under RSA 464-C:9, I-III has special jurisdiction to do any of the following:
(a) Appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state.
(b) Issue a protective order with respect to real or tangible personal property located in this state.
(c) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to RSA 464-C:16.
II. If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:11 - Exclusive and Continuing Jurisdiction.

464-C:11 Exclusive and Continuing Jurisdiction. –
Except as otherwise provided in RSA 464-C:10, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:12 - Appropriate Forum.

464-C:12 Appropriate Forum. –
I. A court of this state having jurisdiction under RSA 464-C:9 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
II. If a court of this state declines to exercise its jurisdiction under paragraph I, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
III. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(a) Any expressed preference of the respondent;
(b) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(c) The length of time the respondent was physically present in or was a legal resident of this or another state;
(d) The distance of the respondent from the court in each state;
(e) The financial circumstances of the respondent's estate;
(f) The nature and location of the evidence;
(g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(h) The familiarity of the court of each state with the facts and issues in the proceeding; and
(i) If an appointment was made, the court's ability to monitor the conduct of the guardian or conservator.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:13 - Jurisdiction Declined by Reason of Conduct.

464-C:13 Jurisdiction Declined by Reason of Conduct. –
I. If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(a) Decline to exercise jurisdiction;
(b) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(c) Continue to exercise jurisdiction after considering:
(1) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(2) Whether it is a more appropriate forum than the court of any other state under the factors set forth in RSA 464-C:12, III; and
(3) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of RSA 464-C:9.
II. If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:14 - Notice of Proceeding.

464-C:14 Notice of Proceeding. –
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice shall be given in the same manner as notice is required to be given in this state.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:15 - Proceedings in More Than One State.

464-C:15 Proceedings in More Than One State. –
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under RSA 464-C:10, I(a) or (b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
I. If the court in this state has jurisdiction under RSA 464-C:9, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to RSA 464-C:9 before the appointment or issuance of the order.
II. If the court in this state does not have jurisdiction under RSA 464-C:9, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:16 - Transfer of Guardianship or Conservatorship to Another State.

464-C:16 Transfer of Guardianship or Conservatorship to Another State. –
I. A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
II. Notice of a petition under paragraph I shall be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
III. On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to paragraph I.
IV. The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(a) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(c) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
V. The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(a) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in RSA 464-C:7, II;
(b) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(c) Adequate arrangements will be made for management of the protected person's property.
VI. The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(a) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to RSA 464-C:17; and
(b) The documents required to terminate a guardianship or conservatorship in this state.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:17 - Accepting Guardianship or Conservatorship Transferred From Another State.

464-C:17 Accepting Guardianship or Conservatorship Transferred From Another State. –
I. To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to RSA 464-C:16, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state's provisional order of transfer.
II. Notice of a petition under paragraph I shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice shall be given in the same manner as notice is required to be given in this state.
III. On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to paragraph I.
IV. The court shall issue an order provisionally granting a petition filed under paragraph I unless:
(a) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or
(b) The guardian or conservator is ineligible for appointment in this state.
V. The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to RSA 464-C:16 transferring the proceeding to this state.
VI. In issuing a final order under RSA 464-C:17, V, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.
VII. Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state and enter orders in accordance therewith.
VIII. The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under RSA 464-A if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:18 - Registration of Guardianship Orders.

464-C:18 Registration of Guardianship Orders. –
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:19 - Registration of Protective Orders.

464-C:19 Registration of Protective Orders. –
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:20 - Effect of Registration.

464-C:20 Effect of Registration. –
I. Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
II. Upon registration of a protective order from another state, the court may require the conservator to post an adequate surety bond to insure the faithful performance of his or her duties. The conservator shall account to the court for the proceeds from the sale of any of the protected person's estate situated in this state. A certified copy of the approved account shall be filed with the court in this state prior to discharge of the conservator unless the court of this state authorizes the filing of an affidavit, in lieu of the account, stating that the assets of the protected person situated in this state have been transferred to the estate of the protected person pending in the court of the other state.
III. A court of this state may grant any relief available under this chapter and other law of this state to enforce a registered order.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:21 - Uniformity of Application and Construction.

464-C:21 Uniformity of Application and Construction. –
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:22 - Relation to Electronic Signatures in Global and National Commerce Act.

464-C:22 Relation to Electronic Signatures in Global and National Commerce Act. –
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:23 - Transitional Provisions.

464-C:23 Transitional Provisions. –
I. This chapter applies to guardianship and protective proceedings begun on or after January 1, 2016.
II. Articles 1, 3, and 4 and RSA 464-C:21 and RSA 464-C:22 apply to proceedings begun before January 1, 2016, regardless of whether a guardianship or protective order has been issued.
Source.
2015, 79:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:1 - Purpose.

464-D:1 Purpose. –
It is the purpose of this chapter to establish and recognize a less restrictive alternative to guardianship for adults with disabilities. It fulfills this purpose by authorizing a legal option for adults with disabilities who seek assistance in making life decisions but choose to retain all of their legal rights. The chapter gives legal status to supporters of such adults and to decisions made pursuant to supported decision-making.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:2 - Construction and Administration.

464-D:2 Construction and Administration. –
This chapter is to be administered and interpreted in accordance with the following principles:
I. All adults should be able to choose to live in the manner they wish and to accept or refuse support, assistance, or protection;
II. All adults should be able to be informed about and participate in the management of their affairs; and
III. The values, beliefs, wishes, cultural norms, and traditions that adults hold should be respected in supporting adults in the management of their affairs.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:3 - Presumption of Capacity.

464-D:3 Presumption of Capacity. –
I. All adults are presumed to be capable of managing their affairs and to have legal capacity.
II. The manner in which an adult communicates with others is not grounds for a determination that the adult is incapable of managing the adult's affairs.
III. Execution of a supported decision-making agreement may not be used as evidence of incapacity in any proceeding.
IV. The execution of a supported decision-making agreement does not preclude the adult who has entered into such an agreement from acting independently of the agreement.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:4 - Definitions.

464-D:4 Definitions. –
I. "Adult" means an individual who is 18 years of age or older.
II. "Disability" means a physical or mental impairment that substantially limits one or more major life activities of a person.
III. "Immediate family member" means a spouse, child, sibling, parent, grandparent, grandchild, stepparent, stepchild, or stepsibling.
IV. "Person" means an adult; health-care institution; health-care provider; corporation; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity
V. "Principal" means an adult who enters into a supported decision-making agreement under this chapter to receive decision-making assistance.
VI. "Supported decision-making" means a process of supporting and accommodating an adult with a disability to enable the adult to make life decisions, including, without limitation, decisions related to where the adult wants to live, the services, supports, and medical care the adult wants to receive, whom the adult wants to live with, education, and where the adult wants to work, without impeding the self-determination of the adult.
VII. "Supporter" means an adult who enters into an agreement with an adult with a disability to provide supported decision-making.
VIII. "Support services" means a system of social and other services supplied by private, state, institutional, or community providers designed to help maintain the independence of an adult, including any of the following:
(a) Homemaker-type services, including house repair, home cleaning, laundry, shopping, and the provision of meals.
(b) Companion-type services, including transportation, escort, and facilitation of written, oral, and electronic communication.
(c) Visiting nurse and attendant care.
(d) The provision of health care.
(e) Physical and psychosocial assessments.
(f) Legal assessments and advice.
(g) Education and educational assessment and advice.
(h) Personal treatment or care, including assistance with activities of daily living such as bathing, dressing, eating, range of motion, toileting, transferring, and ambulation.
(i) Care planning.
(j) Other services needed to maintain the independence of an adult.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:5 - Subject Matter of Agreement.

464-D:5 Subject Matter of Agreement. –
A principal may identify any type of decision to be the subject of an agreement under this chapter. Such matters may include, but are not limited to:
I. Physical and mental health care.
II. Managing and using income and assets.
III. Support services.
IV. Employment.
V. Food and shelter.
VI. Assistance with public benefits.
VII. Education.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:6 - Limitations of Agreement.

464-D:6 Limitations of Agreement. –
I. An agreement under this chapter may coexist with, but not conflict with, a guardianship or other court order.
II. An agreement under this chapter may be for a definite term. In the absence of a provision setting a definite term of the agreement, the agreement shall remain in effect until terminated pursuant to RSA 464-D:16.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:7 - Form and Content of Valid Agreement.

464-D:7 Form and Content of Valid Agreement. –
I. In order to be valid under this chapter, a supported decision-making agreement shall include all of the following:
(a) Designation of at least one supporter.
(b) A description of the types of decisions for which the supporter is authorized to assist.
(c) A description of the types of decisions, if any, for which the supporter may not assist.
II. A supported decision-making agreement may include any of the following:
(a) Designation of more than one supporter.
(b) Provision for an alternate supporter to act in place of a supporter in circumstances specified in the agreement.
(c) Authorization for a supporter to share information with any other person, including another supporter.
III. A supported decision-making agreement is only valid if all of the following occur:
(a) The agreement is in a writing that contains the elements of the form contained in RSA 464-D:16.
(b) The agreement is dated.
(c) The agreement is signed in the presence of 2 adult witnesses, or before a notary public, justice of the peace, or commissioner of deeds.
(d) Each party to the agreement has signed the agreement voluntarily and with an understanding of the nature and effect of the agreement.
IV. The 2 adult witnesses required by subparagraph III(c) may not be any of the following:
(a) A supporter named in the agreement.
(b) An employee or agent of a supporter named in the agreement.
(c) A paid provider of services to the principal, unless the person is an immediate family member.
(d) Any person who does not understand the type of communication the principal uses, unless an individual who understands the principal's means of communication is present to assist during the execution of the supported decision-making agreement.
V. A supported decision-making agreement shall contain a separate declaration signed by each supporter named in the agreement indicating all of the following:
(a) The supporter's relationship to the principal.
(b) The supporter's willingness to act as a supporter.
(c) The supporter's acknowledgment of the role of a supporter under this chapter.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021. 2023, 15:1, eff. July 3, 2023.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:8 - Termination of Agreement.

464-D:8 Termination of Agreement. –
I. A principal may terminate a supported decision-making agreement at any time. Such termination may be accomplished by any of the following actions by the principal:
(a) Providing written notice to all of the supporters named in the agreement.
(b) Verbally expressing the intent to terminate the agreement in the presence of 2 adult witnesses.
II. A supporter may withdraw from a supported decision-making agreement by providing written notice to the principal. If the principal does not use a written form of communication, actual notice of the supporter's withdrawal shall be provided using the type of communication used by the principal. When a supporter withdraws from a supported decision-making agreement and there is no remaining supporter, the agreement is automatically terminated.
III. A supported decision-making agreement is automatically terminated upon the death of the principal.
IV. Subject to paragraph V, a supported decision-making agreement is automatically terminated if any of the following events occur:
(a) There is a finding by a court or a state or federal agency that the principal has been abused, neglected, or exploited by a supporter named in the agreement.
(b) There is a criminal conviction of a supporter for any of the following offenses under New Hampshire law or their equivalent in another jurisdiction:
(1) Any offense or attempted offense under RSA 630 (homicide).
(2) Any felony offense or attempted felony offense under RSA 631 (assault and related offenses).
(3) Any offense or attempted offense under RSA 632-A (sexual assault and related offenses).
(4) Any offense or attempted offense under RSA 636 (robbery).
(5) Any offense or attempted offense under RSA 637 (theft).
(6) Any offense or attempted offense under RSA 638 (fraud).
(7) Any offense or attempted offense under RSA 641 (falsification in official matters).
V. When a supporter is the subject of a criminal conviction or a finding of misconduct under paragraph IV, and there is one or more other supporters named in the agreement who are not the subjects of convictions or findings of misconduct under that paragraph, the agreement does not automatically terminate; however, any supporter who is the subject of a criminal conviction or a finding of misconduct under paragraph IV is disqualified from further actions as a supporter under the agreement.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:9 - Duties of Supporters.

464-D:9 Duties of Supporters. –
A supporter is in a fiduciary relationship with the principal and is subject to the following requirements:
I. To act loyally, without self-interest, and in good faith.
II. To act within the authority granted in the agreement and by this chapter.
III. To avoid conflicts of interest.
IV. To disclose to the principal all facts known to the supporter relevant to making a decision.
V. To act with the care, competence, and diligence ordinarily exercised by individuals in similar circumstances, with due regard either to the possession of, or lack of, special skills or expertise.
VI. To provide sufficient information to a monitor for financial matters designated pursuant to RSA 464-D:13 to allow the monitor to fulfill his or her responsibilities pursuant to this chapter.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:10 - Authority of Supporters.

464-D:10 Authority of Supporters. –
I. A supporter may only exercise the authority granted to the supporter in the agreement.
II. A supporter is not a surrogate decision maker for the principal and is not authorized to sign legal or other documents on behalf of the principal or to bind the principal to a legal agreement.
III. A supporter may only access protected information if expressly authorized to do so by the principal in the agreement or other written document.
IV. A supporter may not do any of the following:
(a) Exert undue influence upon or make decisions on behalf of the principal.
(b) Obtain, without consent of the principal, information that is not reasonably related to matters with which the supporter is authorized to assist under the supported decision-making agreement.
(c) Use or disclose information, without the principal's consent, for a purpose other than assisting the principal to make decisions under the supported decision-making agreement.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:11 - Recognition of Supporters.

464-D:11 Recognition of Supporters. –
A decision or request made or communicated with the assistance of a supporter in conformity with this chapter shall be recognized for the purposes of any provision of law as the decision or request of the principal and may be enforced in law or equity on the same basis as a decision or request of the principal.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:12 - Persons Ineligible to be Supporters.

464-D:12 Persons Ineligible to be Supporters. –
Any of the following are prohibited from acting as supporters.
I. A person who is an employer or employee of the principal, unless the person is an immediate family member of the principal.
II. A person providing paid support services, unless the person is an immediate family member of the principal.
III. A person against whom the principal has obtained an order of protection from abuse or a person who is the subject of a civil or criminal order prohibiting contact with the principal.
IV. A person who has been convicted of any of the following New Hampshire offenses or their equivalent in another jurisdiction, if the offense has not been annulled:
(a) Any offense or attempted offense under RSA 630 (homicide).
(b) Any felony offense or attempted felony offense under RSA 631 (assault and related offenses).
(c) Any offense or attempted offense under RSA 632-A (sexual assault and related offenses).
(d) Any offense or attempted offense under RSA 636 (robbery).
(e) Any felony offense or attempted felony offense under RSA 637 (theft).
(f) Any offense or attempted offense under RSA 638 (fraud).
(g) Any offense or attempted offense under RSA 641 (falsification in official matters).
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:13 - Monitors for Financial Matters.

464-D:13 Monitors for Financial Matters. –
I. If a supporter is authorized in a supported decision-making agreement to assist a principal with his or her financial affairs, a principal may designate a monitor.
II. A monitor designated under this section shall ensure that the supporter is complying with RSA 464-D:9 and 464-D:10.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:14 - Reporting of Abuse and Neglect.

464-D:14 Reporting of Abuse and Neglect. –
I. If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement has cause to believe that the principal has been abused, neglected, or financially exploited by the supporter, the person shall promptly report the alleged abuse, neglect, or exploitation to the commissioner of health and human services or the commissioner's authorized representative in accordance with RSA 161-F.
II. Nothing in this section shall be construed as eliminating or limiting a person's requirement to report under any other statute or regulation.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-D - Supported Decision-Making › Section 464-D:15 - Access to Information.

464-D:15 Access to Information. –
I. A supporter may assist the principal with obtaining any information to which the principal is entitled, including, with a dated specific consent executed by the principal, protected health information under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, educational records under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. section 1232g, or information related to a substance use disorder protected by 42 U.S.C. section 290dd-2 and 42 C.F.R. Part 2.
II. The supporter shall ensure all information collected on behalf of the principal under this section is kept privileged and confidential, as applicable; is not subject to unauthorized access, use, or disclosure; and is properly disposed of when appropriate.
Source.
2021, 206:2, Pt. VI, Sec. 15, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 465 - Guardianship of Incompetent Veterans, Etc. › Section 465:1 - Definitions.

This chapter was modeled after the original 1928 version of The Uniform Veterans' Guardianship Act (1928) which was withdrawn from recommendation for enactment by the National Conference of Commissioners on Uniform State Laws in 1942 due to it being superseded by the revised Uniform Veterans' Guardianship Act of 1942.  New Hampshire has not adopted the 1942 revision of The Uniform Veterans' Guardianship Act.
465:1 Definitions. –
As used in this chapter the term "person" includes a partnership, corporation, or an association. The term "Department of Veterans Affairs" means the United States Department of Veterans Affairs or its successor. The terms "estate" and "income" shall include only moneys received by the guardian from the Department of Veterans Affairs and all earnings, interest, and profits derived therefrom. The term "benefits" shall mean all moneys payable by the United States through the Department of Veterans Affairs. The term "secretary" means the secretary of the United States Department of Veterans Affairs or his successor. The term "ward" means a beneficiary of the Department of Veterans Affairs. The term "guardian" as used herein shall mean any person acting as a fiduciary for a ward.
Source.
1929, 171:1. RL 344:1.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 465 - Guardianship of Incompetent Veterans, Etc. › Section 465:2 - Appointment of Guardian.

This chapter was modeled after the original 1928 version of The Uniform Veterans' Guardianship Act (1928) which was withdrawn from recommendation for enactment by the National Conference of Commissioners on Uniform State Laws in 1942 due to it being superseded by the revised Uniform Veterans' Guardianship Act of 1942.  New Hampshire has not adopted the 1942 revision of The Uniform Veterans' Guardianship Act.
465:2 Appointment of Guardian. –
Whenever, pursuant to any law of the United States or regulation of the Department of Veterans Affairs, the secretary requires, prior to payment of benefits, that a guardian be appointed for a ward, such appointment may be made in the manner hereinafter provided.
Source.
1929, 171:2. RL 344:2.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 465 - Guardianship of Incompetent Veterans, Etc. › Section 465:3 - Limitation.

This chapter was modeled after the original 1928 version of The Uniform Veterans' Guardianship Act (1928) which was withdrawn from recommendation for enactment by the National Conference of Commissioners on Uniform State Laws in 1942 due to it being superseded by the revised Uniform Veterans' Guardianship Act of 1942.  New Hampshire has not adopted the 1942 revision of The Uniform Veterans' Guardianship Act.
465:3 Limitation. –
Except as hereinafter provided, it shall be unlawful for any person to accept appointment as guardian of any ward if such proposed guardian shall at that time be acting as guardian for 5 wards. In any case, upon presentation of a petition by an attorney of the Department of Veterans Affairs under this section alleging that a guardian is acting in a fiduciary capacity for more than 5 wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge such guardian in said case. An individual may be guardian of more than 5 wards if they are all members of the same family. The provisions of this section shall not apply to the director of the division of veterans services acting under an appointment made pursuant to RSA 465:5.
Source.
1929, 171:3. RL 344:3. 1953, 113:1. 2010, 119:7, eff. July 31, 2010. 2019, 273:7, eff. Sept. 17, 2019.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 465 - Guardianship of Incompetent Veterans, Etc. › Section 465:4 - Petition.

This chapter was modeled after the original 1928 version of The Uniform Veterans' Guardianship Act (1928) which was withdrawn from recommendation for enactment by the National Conference of Commissioners on Uniform State Laws in 1942 due to it being superseded by the revised Uniform Veterans' Guardianship Act of 1942.  New Hampshire has not adopted the 1942 revision of The Uniform Veterans' Guardianship Act.
465:4 Petition. –
If there is no person entitled to petition for the appointment of a guardian or if the person so entitled shall neglect or refuse to file such a petition within 30 days after mailing of notice by the Department of Veterans Affairs by registered mail to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in the probate court by or on behalf of any inhabitant of this state. The petition for appointment shall set forth the name, age, place of residence of the ward, the names and places of residence of the nearest relatives, if known, and the fact that such ward is entitled to receive moneys payable by or through the Department of Veterans Affairs and shall set forth the amount of moneys then due and the amount of probable future payments. The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward. In the case of a mentally incompetent ward, the petition shall show that such ward has been rated incompetent on examination by the Department of Veterans Affairs in accordance with the laws and regulations governing the Department of Veterans Affairs.
Source.
1929, 171:4. RL 344:4.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 465 - Guardianship of Incompetent Veterans, Etc. › Section 465:5 - Of Guardianship for Veteran in Custody of a State Institution.

This chapter was modeled after the original 1928 version of The Uniform Veterans' Guardianship Act (1928) which was withdrawn from recommendation for enactment by the National Conference of Commissioners on Uniform State Laws in 1942 due to it being superseded by the revised Uniform Veterans' Guardianship Act of 1942.  New Hampshire has not adopted the 1942 revision of The Uniform Veterans' Guardianship Act.
465:5 Of Guardianship for Veteran in Custody of a State Institution. –
If a mentally incompetent veteran in a state institution shall have no guardian, and if no petition for appointment of a guardian shall be made as hereinbefore provided, the director of the division of veterans services may file a petition praying that he or his successor in office, as and in the capacity of the director of the division of veterans services, may be appointed guardian of such veteran. Such petition shall set forth the matters required by RSA 465:4.
Source.
1953, 113:2. 2010, 119:7, eff. July 31, 2010. 2019, 273:7, eff. Sept. 17, 2019.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 465 - Guardianship of Incompetent Veterans, Etc. › Section 465:6 - Certificate; Minor Wards.

This chapter was modeled after the original 1928 version of The Uniform Veterans' Guardianship Act (1928) which was withdrawn from recommendation for enactment by the National Conference of Commissioners on Uniform State Laws in 1942 due to it being superseded by the revised Uniform Veterans' Guardianship Act of 1942.  New Hampshire has not adopted the 1942 revision of The Uniform Veterans' Guardianship Act.
465:6 Certificate;  Minor Wards. –
Where a petition is filed for the appointment of a guardian of a minor ward, a certificate of the director, or his representative, setting forth the age of such minor as shown by the records of the Department of Veterans Affairs and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the Department of Veterans Affairs, shall be prima facie evidence of the necessity for such appointment.
Source.
1929, 171:5. RL 344:5.