reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:17 - Periodic Court Review.

463:17 Periodic Court Review. –
The status of all minors for whom guardianship or co-guardianship has been granted shall be reviewed by the court at 6, 12, and 24 months and annually thereafter, except that the court may waive (1) any or all reviews in cases in which a parent or the parents are co-guardians and (2) any or all reviews in all other cases after the 24-month review upon good cause shown. The guardian shall file a report with the court on or before each review date. The parent may file a statement or report with the court on or before each review date. The court may also, as part of the review, conduct a hearing on its own motion, or upon the request of a parent or guardian who seeks to substantially change the existing orders upon a showing by the parent that he or she has a reasonable likelihood of prevailing, if allowed a hearing. If termination of the guardianship is sought as part of the review proceeding, the burdens and standards of proof set forth in RSA 463:15 shall apply. Failure of any party to appear at any hearing held under this section without good cause, shall not cause the hearing to be continued.
Source.
1995, 222:1; 310:175. 2004, 11:9, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:18 - Consent to Service.

463:18 Consent to Service. –
By accepting appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:19-a - Accounts; Notice.

463:19-a Accounts;  Notice. –
I. Whenever any guardian of the estate of a minor files an account in the probate court, the guardian of the estate shall contemporaneously forward the following to the minor, if the minor is 14 years of age or older; each parent of the minor, if the parent is not a guardian of the minor and if the parent's whereabouts are known; and all parties appearing of record:
(a) A copy of the account; and
(b) A notice that the account may be approved unless a written objection, containing the specific factual or legal basis for the objection, is filed within 30 days after the date the account is filed in the probate court. This notice requirement is waived if all assents are filed pursuant to paragraph III.
II. The guardian of the estate shall certify to the probate court that the requirements of paragraph I have been complied with.
III. If the guardian of the estate files assents to the account from all persons entitled to notice under paragraph I, the account may be approved earlier than 30 days after the date the account is filed in the probate court, at the discretion of the court.
Source.
1998, 155:3, eff. July 8, 1998.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:19-b - Settlements on Behalf of Minors or Judgments or Decrees in Favor of Minors.

463:19-b Settlements on Behalf of Minors or Judgments or Decrees in Favor of Minors. –
Settlements, judgments, or decrees, of any suit or claim brought on behalf of a minor by a parent or next friend shall be approved by the superior or district court in which the action is pending or to which a writ may be made returnable as follows:
I. If the net amount, as defined in RSA 463:2, VI, or the portion thereof, to be paid to the minor while still a minor, exceeds $10,000:
(a) Superior court or district court approval of settlements, including structured settlements, is required. The superior or district court shall require proof in the form of a certified statement from the probate court that the guardian ad litem, parent, next friend, or other person who receives money on behalf of the minor has been appointed guardian of the estate of such minor and is subject to the duties prescribed under RSA 463:19.
(b) In the case of a judgment or decree, the superior or district court shall, before making any orders for payment, require proof in the form of a certified statement from the probate court that the guardian ad litem, parent, next friend, or other person who receives money on behalf of the minor has been appointed guardian of the estate of such minor and is subject to the duties prescribed under RSA 463:19.
II. For any net amount, as defined in RSA 463:2, VI, which is to be paid to the minor after the minor attains the age of majority:
(a) The superior court or district court may require approval, for good cause shown, of settlements, including structured settlements.
(b) The superior court or district court may make further orders regarding distribution for good cause shown in the case of a judgment or decree.
Source.
2008, 93:2, eff. May 21, 2008.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:20 - Sales and Purchase; General Procedure.

463:20 Sales and Purchase;  General Procedure. –
I. The court, upon petition of the guardian of the estate or of any other person interested in the estate of the minor, may direct or license the guardian to sell, mortgage, pledge, lease or exchange any property of the guardianship estate, including goods and chattels, real estate, or wood and timber growing thereon, upon such terms as the court may order for any purpose which is in the best interests of the minor or of the minor's estate.
II. No guardian of the estate shall purchase property of the minor, or sell property of the guardian to the minor, unless the price and manner of sale are approved by the court.
III. If the court is not satisfied that the guardian has already given bond sufficient to ensure the guardian's prudent conduct in a sale and to account for the proceeds of the sale, the court shall, before granting authorization or issuing a license, require of the guardian a bond sufficient for that purpose.
IV. All sales shall be made within 2 years after the grant of a license.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:21 - Oath Upon Sale or Disposal.

463:21 Oath Upon Sale or Disposal. –
Before a license for the sale of any property of the minor shall be granted, the guardian of the estate shall take the following oath and file a certificate of the oath with the court:
"I, __________ , guardian of the estate of __________ , a minor, do solemnly swear that in disposing of the estate of the minor, for which I have applied for license, I will use my best care and judgment, exercise the prudence, intelligence and discretion which I would in the management of my own affairs and will act in the best interests of the minor and the minor's estate so that property shall be sold to the utmost advantage to the minor or the minor's estate, without any self-interest whatever."
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:22 - Conveyance.

463:22 Conveyance. –
Every guardian of the estate so licensed and sworn, having advertised and sold as may be required by the license, may execute a valid conveyance of the estate sold to the purchaser.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:23 - Purchase of Undivided Fractional Part of Real Estate.

463:23 Purchase of Undivided Fractional Part of Real Estate. –
If a minor is seized of an undivided fractional part of real estate, the court may authorize the guardian of the estate to purchase any other fractional part of the real estate whenever it will be conducive to the minor's interests to do so; and when so licensed, the guardian of the estate may make the purchase and use funds of the minor to pay the purchase money.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:24 - Purchase of Homestead for Minor.

463:24 Purchase of Homestead for Minor. –
I. The court, on petition after notice, may authorize the guardian of the estate to purchase, with the minor's funds, real estate situated in the state as a home for the minor.
II. The petition shall state the value of the minor's property and the license shall limit the sum to be expended for such homestead as the court may deem proper.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:25 - Oath Upon Purchase.

463:25 Oath Upon Purchase. –
Before making any purchase under any license or authorization, the guardian of the estate shall take the following oath and file a certificate of the oath with the court:
"I, __________ , guardian of estate of __________ , swear that in purchasing a homestead for the minor, I am acting in the best interests and to the utmost advantage of the minor, without any self-interest whatever."
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:26 - Investments.

463:26 Investments. –
Every guardian of the estate shall invest, in the name of the minor, or in the guardian's own name as guardian of the minor, the money and the proceeds of all real and personal property of the minor not required for the minor's support in the following described classes of property only, unless authorized or directed by the court:
I. In notes secured by mortgage of real estate at least double in value of the notes, or in notes or bonds secured by mortgage insured by the United States Secretary of Housing and Urban Development and guaranteed by the United States of America.
II. By deposit in some incorporated savings bank in this state or in the savings department of a national bank or trust company located in this state, or in shares of any building and loan association or cooperative bank, incorporated and doing business under the laws of this state, or in the shares of any federal savings and loan association, located and doing business in this state.
III. In such other stocks, bonds, or securities as are legal investments for savings banks in this state; provided, however, that no guardian of the estate of a minor who is a beneficiary of the Department of Veterans Affairs shall invest any funds of the minor under this paragraph without the written consent of the court, except that the guardian may invest without prior consent in direct unconditional interest bearing obligations the interest and principal of which are unconditionally guaranteed by the United States.
IV. With the consent of the court, in life, death, and annuity contracts of life insurance companies authorized to do business in this state.
V. In such stocks, bonds or other securities, including the shares of an open-end or closed-end management type investment company or investment trust which is registered under the Federal Investment Company Act of 1940 as from time to time amended and which may be sold under the rules and exemptions of the insurance department of the state of New Hampshire, as a prudent person would purchase for the person's own investment, having primarily in view the preservation of the principal and the amount and regularity of the income to be derived from it; provided, however, that no guardian of the estate of a beneficiary of the Department of Veterans Affairs shall invest funds of the minor's estate under this paragraph.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:27 - Bond of Guardian of the Estate of a Minor.

463:27 Bond of Guardian of the Estate of a Minor. –
When a bond is ordered in conjunction with a guardianship of the estate of a minor, no appointment of the guardian shall issue until the bond is furnished to the probate court, with sufficient sureties, in such sum as the court shall approve. A bond without sureties may be ordered in the discretion of the court.
Source.
1995, 222:1. 1996, 265:1, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:28 - Sale of Property of Absent Person Charged With Duty to Support a Minor.

463:28 Sale of Property of Absent Person Charged With Duty to Support a Minor. –
If a person absent from the state, for whose minor child a guardian has been appointed, neglects to make provision for the child, and leaves property within the state, the court, upon petition of the guardian and notice, may authorize the guardian to sell at auction or private sale, such portion of the property as the court deems necessary for the comfortable support, education, and maintenance of the minor.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:29 - Right of Waiver by Guardian of the Estate of a Minor.

463:29 Right of Waiver by Guardian of the Estate of a Minor. –
The guardian of the estate of a minor shall have the right to waive provisions of a will in favor of the minor or the minor's distributive share in a decedent's estate and shall likewise have power to release any other property right of the minor subject to prior authorization of the court, for good cause shown, and take for and receive on behalf of the minor the same property and rights.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:30 - Foreign Guardianships of the Estate.

463:30 Foreign Guardianships of the Estate. –
Any person who has been appointed guardian of the estate of a minor by a court of competent jurisdiction in any other state shall, upon petition and filing of a certified copy of that appointment with the court, be appointed guardian of the estate of the minor situated in this state without further notice or hearing. Upon such appointment, the foreign guardian may deal with the estate of the minor in the same manner as a resident guardian of the estate and in accordance with RSA 463:19-29. The foreign guardian shall account to the court of original appointment for the proceeds from the sale of any of the minor'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 guardian. The court, as a condition of appointment, may require the guardian to post an adequate surety bond to insure the faithful performance of the guardian's duties.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:31 - Proceedings Under RSA 464-A.

463:31 Proceedings Under RSA 464-A. –
Nothing in this chapter shall preclude institution of proceedings relating to the minor under RSA 464-A.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:32 - Prior Guardianships.

463:32 Prior Guardianships. –
Guardianships established prior to the effective date of this chapter shall be reviewed in the probate court in accordance with RSA 463:16.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:32-a - Temporary Recognition of Foreign Guardianships of the Person.

463:32-a Temporary Recognition of Foreign Guardianships of the Person. –
Any person who has been appointed guardian of the person of a minor by a foreign court of competent jurisdiction, for a minor who is temporarily in this state, shall be accorded the powers of guardianship as reflected in the order appointing the guardian, with full faith and credit, for a period of time not exceeding 120 days.
Source.
2001, 146:2, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:32-b - Transfer of Guardianships From Foreign Jurisdictions.

463:32-b Transfer of Guardianships From Foreign Jurisdictions. –
I. Any person who has been appointed guardian of the person or estate or both, by a foreign court of competent jurisdiction, for a minor who has become a resident of this state, or who intends to move to this state, shall be accorded the powers of guardianship as reflected in the order appointing the guardian, with full faith and credit, for a period of time not exceeding 120 days following the date of the ward's residence in this state. If a petition for transfer of the guardianship is filed within 120 days of the date of the minor's residence in this state, such guardianship shall continue until an order is issued on the petition for transfer.
II. The transfer of an existing guardianship that has been established by a foreign court of competent jurisdiction shall not require this state's court to make a determination of the appropriateness of the guardian's appointment or assigned powers and responsibilities unless the court is specifically requested to do so.
III. All procedure and notice requirements in RSA 463:5 and 463:6 shall apply to a petition to transfer an existing guardianship; except that the statement required in RSA 463:5, V shall be limited to the reason or reasons for the transfer of the guardianship.
IV. The petition for transfer of an existing guardianship shall be accompanied by a certified copy of the original appointment and any amendments or modifications to the foreign guardianship order entered subsequent to the original order.
Source.
2001, 146:2, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:32-c - Transfer of Guardianships to Foreign Jurisdictions.

463:32-c Transfer of Guardianships to Foreign Jurisdictions. –
I. (a) If a minor has moved permanently to a foreign jurisdiction, the guardian shall file a motion to transfer the guardianship to a foreign court of competent jurisdiction.
(b) A minor shall be presumed to have moved permanently if he or she has resided in the foreign jurisdiction for more than 12 consecutive months, or if the guardian notifies the court that the minor intends to move or has moved permanently to the foreign jurisdiction.
(c) A motion to transfer a guardianship to a foreign jurisdiction shall include documentation from the foreign court accepting the guardianship or a certified copy of an appointment of guardianship issued by the foreign court of competent jurisdiction.
II. Upon receipt and acceptance of a motion to transfer to a foreign jurisdiction:
(a) A guardian of the person shall be discharged; and
(b) A guardian of the estate shall file a final account with the court within 90 days after the date of the court order accepting the motion to transfer. Upon approval of the account, the guardian shall be discharged and his or her bond released.
Source.
2001, 146:2, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:33 - to 463:38 Repealed by 2002, 206:3, eff. May 16, 2002.

463:33 to 463:38 Repealed by 2002, 206:3, eff. May 16, 2002. –
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:1 - Definitions.

463-A:1 Definitions. –
In this chapter:
I. "Adult" means an individual who has attained the age of 21 years.
II. "Benefit plan" means an employer's plan for the benefit of an employee or partner.
III. "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.
IV. "Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
V. "Court" means the probate court.
VI. "Custodial property" means any interest in property transferred to a custodian under this chapter and the income from and proceeds of that interest in property.
VII. "Custodian" means a person so designated under RSA 463-A:9 or a successor or substitute custodian designated under RSA 463-A:18.
VIII. "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.
IX. "Legal representative" means an individual's personal representative or conservator.
X. "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
XI. "Minor" means an individual who has not attained the age of 21 years.
XII. "Person" means an individual, corporation, organization, or other legal entity.
XIII. "Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
XIII-a. "Qualified minor's trust" means any trust, including a trust created by the custodian, of which the minor is the sole beneficiary and that satisfies the requirements of section 2503(c) of the Internal Revenue Code and the regulations implementing that section.
XIV. "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
XV. "Transfer" means a transaction that creates custodial property under RSA 463-A:9.
XVI. "Transferor" means a person who makes a transfer under this chapter.
XVII. "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
Source.
1985, 197:1. 2007, 111:1, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:2 - Scope and Jurisdiction.

463-A:2 Scope and Jurisdiction. –
I. This chapter applies to a transfer that refers to this chapter in the designation under RSA 463-A:9, I, by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state.
II. A person designated as custodian under this chapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
III. A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:3 - Nomination of Custodian.

463-A:3 Nomination of Custodian. –
I. A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for __________ (name of minor) under the New Hampshire Uniform Transfers to Minors Act." The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
II. A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under RSA 463-A:9, I.
III. The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under RSA 463-A:9. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to RSA 463-A:9.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:4 - Transfer by Gift or Exercise of Power of Appointment.

463-A:4 Transfer by Gift or Exercise of Power of Appointment. –
A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to RSA 463-A:9.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:5 - Transfer Authorized by Will or Trust.

463-A:5 Transfer Authorized by Will or Trust. –
I. A personal representative or trustee may make an irrevocable transfer pursuant to RSA 463-A:9 to a custodian for the benefit of a minor as authorized in the governing will or trust.
II. If the testator or settlor has nominated a custodian under RSA 463-A:3 to receive the custodial property, the transfer must be made to that person.
III. If the testator or settlor has not nominated a custodian under RSA 463-A:3, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under RSA 463-A:9, I.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:6 - Other Transfer by Fiduciary.

463-A:6 Other Transfer by Fiduciary. –
I. Subject to paragraph III, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to RSA 463-A:9, in the absence of a will or under a will or trust that does not contain an authorization to do so.
II. Subject to paragraph III, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to RSA 463-A:9.
III. A transfer under paragraph I or II may be made only if:
(a) The personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor;
(b) The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and
(c) The transfer is less than or equal to $10,000 in value; otherwise a guardianship over the estate of the minor shall be required by the probate court pursuant to RSA 463, unless otherwise ordered by the court.
Source.
1985, 197:1. 2005, 68:1, eff. July 22, 2005.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:7 - Transfer by Obligor.

463-A:7 Transfer by Obligor. –
I. Subject to paragraphs II and III, a person not subject to RSA 463-A:5 or 6 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to RSA 463-A:9.
II. If a person having the right to do so under RSA 463-A:3 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.
III. If no custodian has been nominated under RSA 463-A:3, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $10,000 in value.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:8 - Receipt for Custodial Property.

463-A:8 Receipt for Custodial Property. –
A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:10 - Single Custodianship.

463-A:10 Single Custodianship. –
A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under the provisions of this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:11 - Validity and Effect of Transfer.

463-A:11 Validity and Effect of Transfer. –
I. The validity of a transfer made in a manner prescribed by the provisions of this chapter shall not be affected by:
(a) Failure of the transferor to comply with RSA 463-A:9, III, concerning the possession and control;
(b) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under RSA 463-A:9, I; or
(c) Death or incapacity of a person nominated under RSA 463-A:3 or designated under RSA 463-A:9 as custodian or the disclaimer of the office by that person.
II. A transfer made pursuant to RSA 463-A:9 is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter, and neither the minor nor the minor's legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter.
III. By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:12 - Care of Custodial Property.

463-A:12 Care of Custodial Property. –
I. A custodian shall:
(a) Take control of custodial property;
(b) Register or record title to custodial property if appropriate; and
(c) Collect, hold, manage, invest, and reinvest custodial property.
II. In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use that skill or expertise. However, a custodian, in the custodian's discretion and without liability to the minor or the minor's estate, may retain any custodial property received from a transferor.
III. A custodian may invest in or pay premiums on life insurance or endowment policies on:
(a) The life of the minor only if the minor or the minor's estate is the sole beneficiary; or
(b) The life of another person in whom the minor has an insurable interest only to the extent that the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.
IV. A custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for __________ (name of minor) under the New Hampshire Uniform Transfers to Minors Act."
V. A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor has attained the age of 14 years.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:13 - Powers of Custodian.

463-A:13 Powers of Custodian. –
I. A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.
II. This section does not relieve a custodian from liability for breach of the provisions of RSA 463-A:12.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:14 - Use of Custodial Property.

463-A:14 Use of Custodial Property. –
I. A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
(a) The duty or ability of the custodian personally or of any other person to support the minor; or
(b) Any other income or property of the minor which may be applicable or available for that purpose.
II. On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.
III. A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:15 - Custodian's Expenses, Compensation, and Bond.

463-A:15 Custodian's Expenses, Compensation, and Bond. –
I. A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.
II. Except for one who is a transferor under RSA 463-A:4, a custodian has a non-cumulative election during each calendar year to charge reasonable compensation for services performed during that year.
III. Except as provided in RSA 463-A:18, VI, a custodian need not give a bond.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:16 - Exemption of Third Person From Liability.

463-A:16 Exemption of Third Person From Liability. –
A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:
I. The validity of the purported custodian's designation;
II. The propriety of, or the authority under this chapter for, any act of the purported custodian;
III. The validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or
IV. The propriety of the application of any property of the minor delivered to the purported custodian.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:17 - Liability to Third Persons.

463-A:17 Liability to Third Persons. –
I. A claim based on a contract entered into by a custodian acting in a custodial capacity, an obligation arising from the ownership or control of custodial property, or a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
II. A custodian is not personally liable:
(a) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(b) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
III. A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:19 - Accounting by and Determination of Liability of Custodian.

463-A:19 Accounting by and Determination of Liability of Custodian. –
I. A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court for an accounting by the custodian or the custodian's legal representative, or for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under RSA 463-A:17 to which the minor or the minor's legal representative was a party.
II. A successor custodian may petition the court for an accounting by the predecessor custodian.
III. The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
IV. If a custodian is removed under RSA 463-A:18, VI, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:20 - Termination of Custodianship.

463-A:20 Termination of Custodianship. –
I. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:
(a) The minor's attainment of 21 years of age with respect to custodial property transferred under RSA 463-A:4 or 463-A:5;
(b) The minor's attainment of 18 years of age with respect to custodial property transferred under RSA 463-A:6 or 463-A:7; or
(c) The minor's death.
II. Paragraph I applies to all custodial property held under the provisions of this chapter, whether such custodial property was transferred to the custodian before, on, or after June 30, 1989.
III. At any time, a custodian may transfer part or all of the custodial property to a qualified minor's trust, as defined in RSA 463-A:1, XIII-a, without a court order. Such a transfer terminates the custodianship to the extent of the transfer.
Source.
1989, 98:1. 2007, 111:2, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:21 - Applicability.

463-A:21 Applicability. –
This chapter applies to a transfer within the scope of RSA 463-A:2 made after July 30, 1985 if:
I. The transfer purports to have been made under the New Hampshire Uniform Gifts to Minors Law; or
II. The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this chapter is necessary to validate the transfer.
III. To the extent that this chapter, by virtue of RSA 463-A:23, II, does not apply to transfers made in a manner prescribed in the New Hampshire Uniform Gifts to Minors Law or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the New Hampshire Uniform Gifts to Minors Law does not affect those transfers or those powers, duties, and immunities.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:22 - Construction.

463-A:22 Construction. –
Notwithstanding the provisions of RSA 21:44 and RSA 21-B, in construing this chapter, the provisions of RSA 463-A:1 relative to the definition of "adult" and "minor" shall apply.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:23 - Effect on Existing Custodianships.

463-A:23 Effect on Existing Custodianships. –
I. Any transfer of custodial property as now defined in this chapter made before July 30, 1985 is validated notwithstanding that there was no specific authority in the New Hampshire Uniform Gifts to Minors Law for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
II. This chapter applies to all transfers made before July 30, 1985 in a manner and form prescribed in the New Hampshire Uniform Gifts to Minors Law, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on July 30, 1985.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:24 - Uniformity of Application and Construction.

463-A:24 Uniformity of Application and Construction. –
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:25 - Short Title.

463-A:25 Short Title. –
This chapter may be cited as the "New Hampshire Uniform Transfers to Minors Act."
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463-A - Uniform Transfers to Minors Act › Section 463-A:26 - Severability.

463-A:26 Severability. –
If any provisions of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end provisions of this chapter are severable.
Source.
1985, 197:1, eff. July 30, 1985.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:1 - Purpose.

464-A:1 Purpose. –
It is the purpose of this chapter to promote and protect the well-being of the proposed ward in involuntarily imposed protective proceedings. This chapter is designed to provide procedural and substantive safeguards for civil liberties and property rights of a proposed ward or an individual already under guardianship powers. It is the further purpose of this chapter to encourage the development of maximum self-reliance in the individual; to encourage rehabilitative care, rather than custodial care for incapacitated individuals; and to impose protective orders only to the extent necessitated by the individual's functional limitations.
Source.
1979, 370:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:3 - Jurisdiction and Venue.

464-A:3 Jurisdiction and Venue. –
I. The probate court shall have exclusive jurisdiction over the appointment of a guardian of the person or of the estate or of both of any incapacitated person.
II. (a) Except as provided in RSA 464-A:25, I(a), venue for guardianship proceedings for a proposed ward is in the county where the proposed ward resides, or the county in which the proposed ward is physically present when the proceedings are commenced.
(b) If the proposed ward is admitted to an institution pursuant to an order of a court of competent jurisdiction, or is a resident of an institution for a period of at least one year, venue is also in the county in which that institution is located.
(c) In proceedings to create a guardianship of the estate containing real property, venue may also be in a county in which the real property, or a portion thereof, of the proposed ward is located.
Source.
1979, 370:1. 1981, 564:1. 1993, 152:2. 1998, 155:2. 2010, 288:2, eff. Jan. 1, 2011.