Section 464-C:21 – Uniformity of Application and Construction.
464-C:21 Uniformity of Application and Construction. – In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source. 2015, 79:1, eff. Jan. 1, 2016.
Section 464-C:22 – Relation to Electronic Signatures in Global and National Commerce Act.
464-C:22 Relation to Electronic Signatures in Global and National Commerce Act. – This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. section 7001(c), or authorize electronic delivery […]
Section 464-C:23 – Transitional Provisions.
464-C:23 Transitional Provisions. – I. This chapter applies to guardianship and protective proceedings begun on or after January 1, 2016. II. Articles 1, 3, and 4 and RSA 464-C:21 and RSA 464-C:22 apply to proceedings begun before January 1, 2016, regardless of whether a guardianship or protective order has been issued. Source. 2015, 79:1, […]
Section 464-D:1 – Purpose.
464-D:1 Purpose. – It is the purpose of this chapter to establish and recognize a less restrictive alternative to guardianship for adults with disabilities. It fulfills this purpose by authorizing a legal option for adults with disabilities who seek assistance in making life decisions but choose to retain all of their legal rights. The […]
Section 464-D:2 – Construction and Administration.
464-D:2 Construction and Administration. – This chapter is to be administered and interpreted in accordance with the following principles: I. All adults should be able to choose to live in the manner they wish and to accept or refuse support, assistance, or protection; II. All adults should be able to be informed about and […]
Section 464-D:3 – Presumption of Capacity.
464-D:3 Presumption of Capacity. – I. All adults are presumed to be capable of managing their affairs and to have legal capacity. II. The manner in which an adult communicates with others is not grounds for a determination that the adult is incapable of managing the adult’s affairs. III. Execution of a supported decision-making […]
Section 464-C:17 – Accepting Guardianship or Conservatorship Transferred From Another State.
464-C:17 Accepting Guardianship or Conservatorship Transferred From Another State. – I. To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to RSA 464-C:16, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petition shall include a certified copy of […]
Section 464-C:7 – Definitions; Significant Connection Factors.
464-C:7 Definitions; Significant Connection Factors. – I. In this chapter: (a) " Emergency " means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the […]
Section 464-C:8 – Exclusive Basis.
464-C:8 Exclusive Basis. – This chapter provides the exclusive jurisdictional basis for a court to address and adjudicate a case falling within the provisions of this chapter. Source. 2015, 79:1, eff. Jan. 1, 2016.
Section 464-C:9 – Jurisdiction.
464-C:9 Jurisdiction. – A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: I. This state is the respondent’s home state. II. On the date the petition is filed, this state is a significant-connection state and: (a) The respondent does not have a home […]