reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:4-a - Nomination of Guardian for Incapacitated Persons for Whom Activated Member of the Armed Services is Guardian.

464-A:4-a Nomination of Guardian for Incapacitated Persons for Whom Activated Member of the Armed Services is Guardian. –
I. Any member of the United States armed services, whether a member of an active component, reserve component, or national guard unit of the army, air force, navy, marines, or coast guard who is ordered to active duty outside of the state of New Hampshire with the armed forces of the United States or state militia of any state and who is the guardian of an incapacitated person may nominate a successor guardian of the person with the same powers and duties of a guardian of the person under RSA 464-A:25.
II. The document nominating the guardian shall have the effect of an order appointing a temporary guardian under RSA 464-A:12, except that it shall expire 7 days after activation or when a guardianship has been granted by the court, whichever is sooner. Upon activation, the individual nominated guardian shall petition for appointment of a guardian of the person within 7 days in the county where the original guardianship was granted. The petitioner shall append to the petition copies of the nomination document and the member's activation orders. The petition for appointment of a guardian shall be processed, heard, and adjudicated in the same manner as other guardianships filed under this chapter. All fees for the filing of the petition for the appointment of a guardian under this section shall be waived.
III. Nomination of a guardian of the person by an activated member of the armed services shall be made by using a properly executed nomination document to which a certified copy of the existing guardianship order shall be attached. The document nominating the guardian shall contain the following:
(a) Name and address of the armed forces member.
(b) Name and address of the person nominated the guardian.
(c) Name and address of the ward.
(d) The following language:
Know all persons that I __________ , currently residing at __________ , by this document do consent to the appointment of __________ , whose address is __________ , as the successor guardian of __________ , thereby waiving notice of the petition. This document shall grant the person nominated the same powers and duties of a guardian of the person under RSA 464-A:25 for 7 days from the date of my activation or until the probate court grants a guardianship, whichever is sooner. A copy of my activation orders must accompany this document for it to be valid.
IV. The legal guardian's signature shall be witnessed by a third party and the signatures of the witness and legal guardian shall be acknowledged by a notary public.
V. Upon receipt of a petition to terminate a substitute guardianship created under this section filed by the service member, the court shall terminate the substitute guardianship.
Source.
2002, 239:3, eff. May 17, 2002.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:6 - Right to Counsel.

464-A:6 Right to Counsel. –
I. The right to legal counsel for any person for whom a temporary guardian or guardianship of the person and estate, or person, or estate, is sought shall be absolute and unconditional. If the proposed ward does not have his or her own counsel, the court shall appoint counsel for the proposed ward immediately upon the filing of a petition for guardianship of the person and estate, or the person, or estate. The judicial council shall pay the cost of such appointment, including counsel and investigative, expert, or other services and expenses necessary to provide adequate representation, from funds appropriated for indigent defense pursuant to RSA 604-A. Prior to obtaining investigative, expert, and other services necessary to provide adequate representation, counsel shall apply to the court and, upon finding that such services are necessary and that the person is financially unable to obtain them, the court shall authorize counsel to obtain the necessary services on behalf of the person for whom temporary guardian or guardianship of the person and estate, or person or estate, is sought.
II. Appointed counsel shall inform the proposed ward that he or she shall be liable for attorney fees unless he or she is found indigent by the probate court. The appointed counsel for the proposed ward shall be compensated for his or her services at a rate as determined by the New Hampshire supreme court.
Source.
1979, 370:1. 1981, 564:4, eff. Aug. 29, 1981. 2021, 207:2, Pt. V, Sec. 2, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:7 - Repealed by 1981, 564:23, eff. Aug. 29, 1981.

464-A:7 Repealed by 1981, 564:23, eff. Aug. 29, 1981. –
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:10 - Who May be Guardian.

464-A:10 Who May be Guardian. –
I. Any person who agrees to so serve may be appointed guardian of the person and estate, or the person, or the estate including:
(a) A family guardian or volunteer guardian;
(b) A professional guardian; or
(c) A public guardianship and protection program as described in RSA 547-B.
II. A bank having trust powers or a trust company may be appointed guardian of the estate.
III. An institution or agency providing care and custody of the incapacitated person may not be appointed guardian, unless no one else can be found to serve as guardian; then an employee of the institution or agency may be appointed guardian if he or she does not provide direct care to the proposed ward, provided that the court makes a specific finding that such appointment presents no substantial risk of a conflict of interest.
IV. (a) Any competent person may nominate one or more persons to be guardian of his or her person or estate, or both his or her person and estate, and one or more substitutes in case of a nominee's inability to serve by a written instrument, executed in accordance with the requirements of RSA 477:9, and may name in such instrument any persons, other than a public guardianship and protection program, the person wishes to exclude from consideration as guardian.
(b) Such nomination and exclusion shall continue until revoked, shall be effective for guardianships and temporary guardianships under RSA 464-A:12, and shall survive the subsequent mental or physical disability or incompetence of the signer.
(c) A qualified person nominated as guardian who is willing to serve shall be appointed unless the court finds that such person would not be able to carry out the reasonably foreseeable duties of a guardian in the particular circumstances.
(d) Under no circumstances shall the court appoint as guardian a person excluded from consideration by name in the instrument.
(e) This paragraph shall be construed to create a rebuttable presumption that the person nominated as guardian shall be so appointed.
(f) This paragraph shall not be construed to limit the ability of the court to remove any guardian appointed under this chapter.
Source.
1979, 370:1. 1981, 564:6. 1983, 409:5. 1989, 235:1. 2009, 132:4, eff. Aug. 28, 2009.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:11 - Letters of Guardianship.

464-A:11 Letters of Guardianship. –
I. A copy of the order appointing the guardian shall be given in hand or mailed by first class mail to the ward and the ward's counsel. The court may order service by other means if it deems appropriate. The order shall contain the name and address of the guardian. The order shall also contain notice of the ward's right to appeal the guardianship appointment and of his or her right to seek alteration or termination of the guardianship at any time.
II. Letters of guardianship shall contain:
(a) The name, address and telephone number of the guardian of the person and estate, or the person, or the estate;
(b) The name, address and telephone number of the ward;
(c) The nature and scope of the guardianship, whether over the person and estate, or the person, or the estate;
(d) The specific legal limitations imposed by the court on the powers of the guardian.
III. Said letters shall issue to the guardian. Copies shall be mailed to the ward, the ward's counsel, the petitioner, and the institution of residence of the ward and any other person, institution, organization or agency which the court deems that it is reasonable to notify under the circumstances of the guardianship.
Source.
1979, 370:1. 1981, 564:7. 1995, 277:4, eff. Aug. 19, 1995.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:11-a - Extension of Guardianship.

464-A:11-a Extension of Guardianship. –
A guardian or petitioner may seek an extension of a guardianship appointment by formally petitioning the court for a guardianship of the person and estate, the person, or estate within the period of any existing guardianship. Upon the filing of a petition for guardianship, a petition for an additional term of guardianship, a petition for an indefinite term of guardianship, or a petition for an amendment of the order or letters of guardianship to extend the term of the guardianship, the period of guardianship shall be extended until the issuance of the order of the probate court; provided that the probate court shall act upon the petition within 30 days of orders of notice being issued.
Source.
1995, 212:2. 2005, 90:1, eff. Aug. 6, 2005.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:13 - Appointment of Conservators for Persons Incapable of Managing Own Affairs.

464-A:13 Appointment of Conservators for Persons Incapable of Managing Own Affairs. –
I. When a person deems himself unfit by reasons of mental or physical disability for the prudent management of his property and financial affairs, he may apply to the probate court for the appointment of a conservator of his property.
II. The court shall, upon notice to the person to be protected and the person nominated as conservator, hold a hearing to determine that:
(a) The person has voluntarily applied for the appointment of a conservator;
(b) The person has voluntarily chosen the person nominated as conservator.
The person to be protected and the person nominated as the conservator shall be present at said hearing.
III. If the court has reason to question the voluntariness of the application of the person who seeks the appointment of a conservator or the voluntariness of a person to become conservator, the court shall appoint counsel for the person to be protected in the same manner as provided in RSA 464-A:6.
Source.
1979, 370:1. 1981, 564:9, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:14 - Who Shall be Conservator.

464-A:14 Who Shall be Conservator. –
If the court determines that the person to be protected has voluntarily applied for appointment of a conservator and has voluntarily nominated his conservator, the court may appoint the nominee as conservator for the person to be protected. If, for good cause shown at the hearing, the court determines that appointment of the proposed conservator is not in the best interests of the person to be protected, the court shall have the authority to nominate another person as conservator and, with the approval of the person to be protected, appoint said person as conservator.
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:15 - Bond; Notice.

464-A:15 Bond;  Notice. –
Such conservator shall give bond to the judge of probate, with sufficient sureties, give notice of his appointment as guardians are required to do and be subject to all provisions of law now in force as to guardians as far as they apply to estates of their wards, pursuant to this chapter; provided, however, that the court need not, but may appoint an attorney or other suitable person to review an account of a conservator and to represent the interests of the protected person.
Source.
1979, 370:1. 1981, 564:10, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:16 - Termination of Conservatorship.

464-A:16 Termination of Conservatorship. –
At any time upon petition signed by the protected person, the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the protected person. Likewise, if at any time subsequent to the appointment of a conservator it shall appear that the protected person has died and an executor or administrator has been appointed for his or her estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased person held thereunder to such executor or administrator.
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:17 - Appointment for Absentees.

464-A:17 Appointment for Absentees. –
Whenever an absentee has an interest in any form of property in this state or is a legal resident of this state and has not provided an adequate power of attorney authorizing another to act in his or her behalf in regard to such property or interest, then, the probate court of the county of such absentee's legal domicile or of the county where the property is located, either on the court's own motion or upon petition alleging the foregoing facts and showing the necessity for providing care of the property of such absentee made by any person who would have an interest in the property of the absentee were such absentee deceased, after notice to, or on receipt of proper waivers from, the heirs and next of kin of the absentee as provided by law for the administration of an estate, as well as notice by publication once in a newspaper of general circulation in the county of such absentee's legal domicile or of the county where the property is located and, if in a different county, once in a newspaper of general circulation of the county where such absentee was last seen, and upon good cause being shown, may, after finding the facts to be as aforesaid, appoint a conservator to take charge of the absentee's estate, under the supervision and subject to the further orders of the court.
Source.
1979, 370:1. 1992, 284:8, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:18 - Bond; Powers of Absentee Conservator.

464-A:18 Bond;  Powers of Absentee Conservator. –
The court shall have full discretionary authority to appoint any suitable person as absentee conservator and may require such conservator to post an adequate surety bond and to make such reports as the court may deem necessary. The absentee conservator shall have the same powers and authority as the guardian of the property of a minor incapacitated person.
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:19 - Termination of Absentee Conservatorship.

464-A:19 Termination of Absentee Conservatorship. –
At any time upon petition signed by the absentee or on petition of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absentee or to the designated attorney-in-fact. Likewise, if at any time subsequent to the appointment of a conservator it shall appear that the absentee has died or an executor or administrator has been appointed for his estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held thereunder to such executor or administrator.
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:21 - Bond.

464-A:21 Bond. –
Upon appointment, the guardian of the person and estate, or the person, or the estate, shall give bond to the probate court, with sufficient sureties, in such sum as the judge shall approve. In the discretion of the judge of probate, a bond without sureties may be given if the gross value of the ward's estate does not exceed $10,000 or the guardianship is only of the person of an incapacitated person or a minor. Unless otherwise determined by the court, the bond must be in the amount of the aggregate capital value of the property of the estate in the guardian's control, plus one year's estimated income, and minus the value of securities or other assets deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization.
Source.
1979, 370:1. 1995, 277:5, eff. Aug. 19, 1995.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:22 - Inventory.

464-A:22 Inventory. –
When a guardian of the estate has been appointed, an inventory shall be made in the same manner and subject to the same requirements as inventories of the estates of persons deceased are made pursuant to RSA 554. An appraisal of all or any part of the ward's estate shall be made when ordered by the court.
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:23 - Compensation.

464-A:23 Compensation. –
Every guardian shall be allowed a reasonable compensation for all proper expenses and services in the discharge of the guardianship. Administrative expenses approved by the court, including but not limited to guardianship fees, legal fees, and appraisal costs shall be paid out of the estate of the ward as a priority over other debts and obligations of the ward to the extent that funds are available and the needs of the ward are being met. The balance of the account due to the guardian shall be a lien upon all of the estate of the ward, real and personal, not disposed of. After a person ceases to be guardian, he or she may maintain an action for the recovery of said money owed for expenses and services.
Source.
1979, 370:1. 2002, 48:1, eff. Jan. 1, 2003.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:24 - Agent.

464-A:24 Agent. –
Every resident guardian who removes from the state, or who goes out of the state with intention of being absent more than a year, and every resident of another state who is appointed guardian within this state, shall forthwith appoint some person residing in the state as his agent to receive service of legal process against him as guardian. The appointment shall be made and renewed as in the case of agents of foreign administrators and with like authority and effect; and failure to appoint shall be cause for the removal of the guardian.
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:27 - Sales and Purchase.

464-A:27 Sales and Purchase. –
I. The judge of probate, upon petition of the guardian of the estate or of any other person interested in the estate of any ward, may 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 judge may order, for the purpose of paying the ward's debts, providing for said ward's care, maintenance, rehabilitation, training or education and the care, maintenance and education of said ward's dependents, investing the proceeds, or for any other purpose which is in the best interest of the ward. The judge of probate may act on the petition without notice and hearing, if consents signed by all persons interested in the guardianship estate are filed with the petition. If such consents are not filed with the petition, the judge of probate may act on the petition only after notice and hearing.
II. No guardian shall purchase property of the ward, nor sell property of the guardian to the ward unless the price and manner of sale are approved by the probate court.
III. If the judge is not satisfied that the guardian has already given bond sufficient to ensure his or her prudent conduct in a sale and to account for the proceeds thereof, the judge shall, before 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 the license.
Source.
1979, 370:1. 1981, 564:12, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:28 - Oath.

464-A:28 Oath. –
Before a license for the sale of any property of the ward shall be granted, the guardian shall take the following oath and file a certificate thereof in the office of the clerk:
"I, .......... , guardian of the estate of .......... , my ward, do solemnly swear that in disposing of the estate of my ward, 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 my ward so that the property shall be sold to the utmost advantage to my ward, without any self-interest whatever."
Source.
1979, 370:1. 2011, 88:20, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:29 - Conveyance.

464-A:29 Conveyance. –
Every guardian so licensed and sworn, having advertised and sold as required by the license, may execute a valid conveyance of the estate sold to the purchaser.
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:30 - Joinder of Spouse.

464-A:30 Joinder of Spouse. –
The wife or husband of a person under guardianship may join with the guardian in a deed for the conveyance of any real estate of the ward, and thereby release and waive any homestead right.
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:31 - Both Spouses Under Guardianship.

464-A:31 Both Spouses Under Guardianship. –
I. When a married man and his wife are both under guardianship, and the guardian of the estate of either has obtained a license from the judge to sell real estate of the ward, the guardian of the other may, without license, join in the sale and release the ward's interest.
II. In such case, the proceeds of the sale shall be equitably divided, as the judge may direct, according to the value of the respective interests of the husband and wife in the estate sold, and the respective guardians shall receive and be charged accordingly.
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:32 - Purchase of Part.

464-A:32 Purchase of Part. –
If a ward is seized of an undivided fractional part of real estate, the judge may authorize the guardian to purchase any other fractional part thereof whenever it will be conducive to the ward's interest to do so; and when so licensed, the guardian may make the purchase and use funds of the ward to pay the purchase money.
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:33 - Purchase of Homestead for Ward.

464-A:33 Purchase of Homestead for Ward. –
I. The judge may, on petition after notice to the ward, the ward's spouse, the ward's heirs at law and a representative of the ward if the judge deems this necessary, license the guardian of the estate to purchase with the funds of the ward real estate situated in this state, as a homestead for said ward.
II. The petition shall state the value of the ward's property and the license shall limit the sum to be expended for such homestead as the judge shall deem proper.
III. Before making any purchase under such license, the guardian of the estate shall take the following oath and file a certificate thereof in the office of the clerk:
"I, .......... , guardian of the estate of .......... , swear that in purchasing a homestead for my ward, I am acting in the best interests and to the utmost advantage for my ward, without any self-interest whatever."
Source.
1979, 370:1. 2011, 88:20, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:34 - Right of Waiver.

464-A:34 Right of Waiver. –
The guardian of the person and estate, or the person, or the estate, shall have the same rights that the ward would have, if legally competent, to waive the provisions of a will in favor of the ward, intended to be in lieu of distributive share, and shall likewise have the power to release said ward's homestead right, and take for said ward the same property and rights.
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:35 - Annual Report of the Guardian of the Person.

464-A:35 Annual Report of the Guardian of the Person. –
I. A guardian of the person shall file an annual report with the court within 90 days after the anniversary date of the guardian's appointment, or be in default. The clerk shall give notice of the default to the guardian by first class mail within 10 days after the default. The clerk shall issue a citation notice in accordance with RSA 554:26-a. The report shall contain a brief summary of the present status of the ward including, but not limited to:
(a) Changes in the medical condition of the ward;
(b) A listing of all major hospitalizations, surgical procedures, psychiatric treatments, and illnesses of the ward;
(c) If the ward is institutionalized in a nursing home or state institution, the results of an investigation into the nature and appropriateness of the ward's care and treatment; if the ward is not institutionalized, a brief statement of the supportive social services being provided to the ward;
(d) Any changes or proposals for changes in the living situation of the ward;
(e) The guardian's plan for preserving and maintaining the well-being of the ward;
(f) Facts indicating the need for continuation or cessation of the guardianship, or for any alteration in the powers of the guardian;
(g) Any other information which the court may require the guardian of the person to file.
II. A guardian of the person shall give in hand or mail by first class mail a copy of the annual report to the ward. The court may order service by other means as it deems appropriate. The court may send a copy of the annual report to any other person it may designate. Unless excused by the court for good cause shown, such designated person, if any, shall make a personal visit to the ward. If the ward or the designated person is not satisfied with the report, the ward or the designated person may request a hearing within 15 days after the ward's receipt of the report.
Source.
1979, 370:1. 1981, 564:13. 1995, 277:7. 1996, 265:3, 4. 2001, 146:4. 2009, 132:5. 2011, 88:22, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:36 - Accounts; Notice.

464-A:36 Accounts;  Notice. –
I. Subject to the provisions of RSA 464-A:26, V, a guardian of the estate shall file an annual account under oath with the court within 90 days after the anniversary date of the guardian's appointment, or be in default. The clerk shall give notice of the default to the guardian by first class mail within 10 days after the default. The clerk shall issue a citation notice in accordance with RSA 554:26-a.
II. Said annual account shall specify the amount and type of real and personal property received by the guardian and remaining in his or her control or invested by him or her, and the nature of such investment, and receipts of money disbursed and expenditures, during the preceding time. Upon request of the court, the guardian of the estate shall produce for examination by the court, all securities, evidences of deposit, and investments reported, and any other information or documentation which the court may consider relevant to the accounting of the financial and property transactions of the estate.
III. Whenever any guardian of the estate files an account in the probate court, the guardian of the estate shall contemporaneously forward, in hand or by first class mail, the following to the ward 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.
IV. The guardian of the estate shall certify to the probate court that the requirements of paragraph III have been complied with.
Source.
1979, 370:1. 1981, 564:14, 15. 1993, 190:14. 1995, 277:8, 9. 1996, 265:5, 6. 1998, 155:4. 2011, 88:23, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:36-a - Repealed by 1998, 155:10, IV, eff. July 8, 1998.

464-A:36-a Repealed by 1998, 155:10, IV, eff. July 8, 1998. –
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:37 - Reports and Accounts; Failure of Guardian to File.

464-A:37 Reports and Accounts;  Failure of Guardian to File. –
I. If a guardian fails to render any report or account within the time provided by law or the order of the court, or fails to settle the estate according to order of the court, the court may, upon its own motion, or upon the petition of any interested party, issue an order compelling the guardian to show cause before the court why he should not immediately make and file said report or account.
II. If a guardian fails, neglects, or refuses to make and file a report or accounting after having been cited by the court to do so, or fails to appear in court as directed by the court, the court may, upon its motion, or upon the motion of any interested party, issue a capias directed to the sheriff ordering that the guardian be brought before the court to show cause why he should not be punished for contempt.
III. If the court finds that the failure, refusal or neglect is willful or negligent, the guardian may be fined an amount not to exceed $5 a day or may be imprisoned for a period not to exceed 10 days, or both. All fines collected under this section shall be for the benefit of the county in which the fine is paid.
IV. The court may also terminate the powers of the guardian.
Source.
1979, 370:1. 1981, 564:17, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:38 - Annual Notification to Ward.

464-A:38 Annual Notification to Ward. –
The court shall annually notify the ward that the ward has the right to seek alteration or termination of the guardianship at any time. This notice shall be given in language reasonably understandable by the ward. The notice shall contain the name and address of the ward's guardian and shall be given in hand or mailed by first class mail to the guardian and the ward, as the court directs. The court may order service by other means as it deems appropriate.
Source.
1979, 370:1. 1981, 564:18. 1995, 277:11, eff. Aug. 19, 1995.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:38-a - Prior Guardianships.

464-A:38-a Prior Guardianships. –
Guardianships established prior to August 22, 1979, shall be reviewed in the probate court in accordance with RSA 464-A:35 and RSA 464-A:36.
Source.
1981, 564:19, eff. Aug. 29, 1981.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:39 - Resignation, Removal, or Death of Guardian.

464-A:39 Resignation, Removal, or Death of Guardian. –
I. Any person appointed as guardian of the person or an estate or both shall serve until:
(a) His or her resignation is accepted by the court;
(b) He or she dies;
(c) The court finds removal of the guardian to be in the ward's best interests; or
(d) The guardianship is terminated pursuant to this section or RSA 464-A:40.
II. A guardian seeking to resign shall file a motion for court approval of the resignation. Resignation of a guardian is not effective until accepted by the court and a successor guardian is appointed or the guardianship is terminated.
III. The ward or any person interested in the ward's welfare may file a motion for the removal of the guardian of the person or the estate or both, if removal would be in the ward's best interests.
IV. The guardianship shall not terminate with the resignation, removal, or death of the guardian, unless the court order expressly terminates the guardianship. If the guardianship is not terminated, the court shall appoint a successor guardian.
V. The resignation accepted by the court, removal, death of the guardian, or termination of the guardianship shall terminate the authority of the guardian, but shall not release the guardian from responsibility for any act or omission occurring during the period of the guardian's appointment.
VI. Any resignation or removal may be conditioned on such requirements or occurrences as the court may specify in the exercise of its reasonable discretion. The court may make such further orders as may be appropriate, including requiring a final account.
Source.
1979, 370:1. 2001, 146:6, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:41 - Appointment of Guardians Ad Litem.

464-A:41 Appointment of Guardians Ad Litem. –
When before or during the hearing on any proceeding in any court it appears to the court that the interest or rights of a legally incapacitated person by age or other cause or circumstance are not fully represented or upon the request of any interested person, the court may appoint a competent and disinterested person to act as guardian ad litem for such legally incapacitated person and to represent such person's interest in the case. The guardian ad litem shall have none of the rights of the general guardian. The person appointed guardian ad litem shall make oath to perform such duty faithfully and impartially. A bond may be required of the guardian ad litem at the discretion of the court.
Source.
1979, 370:1. 1997, 28:1. 2005, 160:3, eff. Aug. 20, 2005.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:42 - Settlements on Behalf of Minors or Judgments or Decrees in Favor of Minors.

464-A:42 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 said distribution for good cause shown in the case of a judgment or decree.
Source.
1979, 370:1. 1992, 284:10. 1993, 82:2. 1994, 30:1. 1996, 265:7. 2008, 93:4, eff. May 21, 2008.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:43 - Costs.

464-A:43 Costs. –
The costs incurred by the imposition of a guardianship or conservatorship pursuant to the procedures established in this chapter shall be distributed in the following manner:
I. Except in cases in which the petitioner filed the petition in bad faith, the court costs, expenses, and fees for counsel for the proposed ward and any resource person shall be borne by the proposed ward. In cases in which the petitioner acted in bad faith, the petitioner shall bear all such costs, expenses, and fees of the proceeding. The court may allow for payment of the costs, expenses, and fees of counsel for the petitioner from the assets of the ward, provided:
(a) The court has granted the petition to establish the guardianship;
(b) The awarding of costs, expenses, and legal fees from the assets of the ward will not cause undue financial hardship to the ward; and
(c) The costs, expenses, and legal fees incurred are reasonable and were necessary to protect the health, safety, welfare, or other personal; property, or financial interests of the ward or the ward's estate.
II. If the proposed ward is indigent, the costs, expenses, and legal fees for counsel for the proposed ward and any resource person incurred that are related to the petition for guardianship proceeding shall be borne by the state.
III. The costs incurred in the petition for a conservatorship shall be paid by the estate of the conservatee.
Source.
1979, 370:1. 1987, 333:2. 2014, 163:1, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:44 - Repealed by 2015, 79:2, I, eff. Jan. 1, 2016.

464-A:44 Repealed by 2015, 79:2, I, eff. Jan. 1, 2016. –
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:45 - Repealed by 2015, 79:2, II, eff. Jan. 1, 2016.

464-A:45 Repealed by 2015, 79:2, II, eff. Jan. 1, 2016. –
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:46 - Repealed by 2015, 79:2, III, eff. Jan. 1, 2016.

464-A:46 Repealed by 2015, 79:2, III, eff. Jan. 1, 2016. –
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-A - Guardians and Conservators › Section 464-A:47 - Appeals to Supreme Court.

464-A:47 Appeals to Supreme Court. –
Appeals under this chapter to the supreme court shall be made in accordance with RSA 567-A. However, no order of the probate court shall be stayed pending appeal except by order of the probate court judge or the supreme court.
Source.
2001, 146:9, eff. Jan. 1, 2002.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 464-C - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 464-C:1 - Short Title.

464-C:1 Short Title. –
This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (2007).
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:2 - Definitions.

464-C:2 Definitions. –
In this chapter:
I. "Adult" means an individual who has attained 18 years of age.
II. "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under RSA 464-A, and a guardian of the estate as defined in RSA 464-A.
III. "Court" means circuit court probate division.
IV. "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under RSA 464-A, and a guardian of the person as defined in RSA 464-A.
V. "Guardianship order" means an order appointing a guardian.
VI. "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
VII. "Incapacitated person" means an adult for whom a guardian has been appointed.
VIII. "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
IX. "Person," except in the term incapacitated person or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
X. "Protected person" means an adult for whom a protective order has been issued.
XI. "Protective order" means an order appointing a conservator or other order related to management of an adult's property.
XII. "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued.
XIII. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
XIV. "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.
XV. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
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:3 - International Application of Chapter.

464-C:3 International Application of Chapter. –
A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and articles 2, 3, and 5.
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:4 - Communication Between Courts.

464-C:4 Communication Between Courts. –
I. A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in paragraph II, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
II. Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
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:5 - Cooperation Between Courts.

464-C:5 Cooperation Between Courts. –
I. In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(a) Hold an evidentiary hearing.
(b) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state.
(c) Order that an evaluation or assessment be made of the respondent.
(d) Order any appropriate investigation of a person involved in a proceeding.
(e) Forward to the court of this state a certified copy of the transcript or other record of a hearing under subparagraph (a) or any other proceeding, any evidence otherwise produced under subparagraph (b), and any evaluation or assessment prepared in compliance with an order under subparagraph (c) or (d).
(f) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person.
(g) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. section 160.103, as amended.
II. If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in paragraph I, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
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:6 - Taking Testimony in Another State.

464-C:6 Taking Testimony in Another State. –
I. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
II. In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
III. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
Source.
2015, 79:1, eff. Jan. 1, 2016.