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Home » US Law » 2022 New Hampshire Revised Statutes » Title XLIV - Guardians and Conservators » Title 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 […]

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. […]

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 […]

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 […]

Section 464-A:12 – Temporary Guardian.

    464-A:12 Temporary Guardian. – I. Any relative, public official, or interested person may file a verified petition for a temporary guardian of the person and estate, or the person, or the estate. Said petition shall contain: (a) All the information required in RSA 464-A:4; (b) The reasons the petitioner believes the proposed ward is […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Section 464-A:2 – Definitions.

    464-A:2 Definitions. – As used in this chapter: I. "Absentee" means a person serving in or with the armed forces of the United States, or a person serving as a merchant seaman, who has been reported or listed as missing or missing in action or interned in a neutral country or has been beleaguered, […]

Section 464-A:20 – Authorization of Action by Spouse or Next of Kin.

    464-A:20 Authorization of Action by Spouse or Next of Kin. – In the absence of appointment of a conservator for an absentee under RSA 464-A:17, the spouse of any absentee as defined in RSA 464-A:2, or the next of kin if the absentee has no spouse, may apply to the probate court for authority […]

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 […]

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 […]

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 […]

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 […]

Section 464-A:25 – General Powers and Duties of Guardian of the Person.

    464-A:25 General Powers and Duties of Guardian of the Person. – I. A guardian of an incapacitated person has the following powers and duties, except as modified by order of the court: (a) To the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to […]

Section 464-A:26 – General Powers and Duties of Guardian of the Estate.

    464-A:26 General Powers and Duties of Guardian of the Estate. – I. The guardian of the estate shall take possession of all of the ward’s real and personal property, and of all rents, income, and benefits therefrom, whether accruing before or after his or her appointment, and of the proceeds arising from the sale, […]