Best Guardianship Lawyers in New Hampshire

About Guardianship Law in New Hampshire, United States

Guardianship is a legal relationship created by a court, where one person (the guardian) is appointed to make decisions and act on behalf of another person (the ward), who is unable to make decisions for themselves due to incapacity, disability, or minority. In New Hampshire, guardianship can apply to both minors and incapacitated adults and is governed by state statutes and court procedures. The purpose of guardianship is to protect the well-being and interests of individuals who are unable to care for themselves, while also ensuring their rights are respected.

Why You May Need a Lawyer

There are several situations where seeking legal help with guardianship matters becomes important in New Hampshire. Common scenarios include:

• When seeking guardianship of a child after the loss, incapacity, or unavailability of a parent.
• When adults develop a mental or physical disability and can no longer make safe decisions about their health or finances.
• When family members disagree about who should serve as guardian or whether guardianship is necessary at all.
• When you want help understanding the responsibilities and powers of a guardian under New Hampshire law.
• If your guardianship petition is contested, meaning another person opposes your request in court.
• When the court asks for a detailed plan regarding the ward's care or finances.
• When you are seeking to change or end a current guardianship arrangement.
• If you are accused of misuse of guardianship powers or mishandling a ward's assets.

Attorneys can assist by guiding you through court procedures, filing necessary documents, advocating for your interests, and helping you comply with New Hampshire's guardianship laws.

Local Laws Overview

Guardianship in New Hampshire is primarily governed by statutes found in New Hampshire Revised Statutes Annotated (RSA) Title XII, Chapters 463, 464-A, and 547-B. These laws outline who may serve as a guardian, the process for appointment, the standards for incapacity, and the rights of wards. Key aspects include:

• Types of Guardianship: Guardianships can be of the person (health and welfare decisions), of the estate (financial decisions), or both.
• Appointment Process: Guardianship must be approved by the Probate Division of the Circuit Court after a petition is filed, notice is given, and, usually, a hearing is held.
• Standard for Incapacity: For adults, the court must find proof of incapacity by "clear and convincing evidence." For minors, guardianship may be based on parental unfitness, consent, or other specific circumstances.
• Rights of the Ward: Wards have a right to notice, representation, and to object to the guardianship. The scope of the guardian's authority is limited to what is strictly necessary for the ward's welfare.
• Duties of the Guardian: Guardians must file periodic reports with the court, act in the ward's best interests, and seek to maximize the ward's independence where possible.
• Termination or Modification: Guardianships can be modified or terminated if the ward recovers capacity or if the arrangement no longer serves the ward’s interests.

Frequently Asked Questions

What is the difference between guardianship of the person and guardianship of the estate?

Guardianship of the person allows the guardian to make decisions about the ward’s health and daily care, while guardianship of the estate gives the guardian authority over the ward’s finances and property. Sometimes, both types are granted together.

Who can serve as a guardian in New Hampshire?

Generally, any competent adult may serve as a guardian. Courts prefer close relatives but will appoint others if it is in the ward’s best interest. Some individuals, like those with convictions for serious crimes, may be disqualified.

How is incapacity determined for an adult?

Incapacity must be proven by clear and convincing evidence, often supported by medical reports or testimony, showing that the person cannot manage their personal or financial affairs due to a mental, physical, or developmental condition.

Does the ward have a say in the guardianship process?

Yes. The ward has the right to notice of the guardianship proceedings and may attend and contest the appointment in court. The court may also appoint an attorney or guardian ad litem to represent the ward’s interests.

Can guardianship be temporary?

Yes. The court can appoint a temporary guardian if there is an emergency and it is urgent to protect the health or assets of the individual. Temporary guardianship lasts only as long as the emergency exists or until a full hearing is held.

What reports must a guardian file?

Guardians of the person must file annual reports on the ward’s condition and care. Guardians of the estate are required to provide inventory and annual accounting of the ward’s financial matters to the court.

Can a guardianship be ended?

Yes. Guardianships end if the minor turns 18 or if the adult regains capacity. Anyone can petition to terminate or modify the guardianship if circumstances change.

Are there alternatives to guardianship?

Yes. Alternatives include powers of attorney, health care proxies, representative payees, and supported decision-making agreements. Courts prefer these less restrictive options where possible.

How long does the guardianship process take?

The process can take several weeks to several months, depending on the complexity of the case, whether it is contested, and court scheduling.

What happens if someone disagrees with the guardianship?

If someone objects, the court will hold a hearing where all sides can present evidence. The judge decides based on what is in the best interest of the ward and the legal standards for guardianship.

Additional Resources

People seeking more information or assistance with guardianship in New Hampshire can turn to the following organizations and resources:

• New Hampshire Judicial Branch - Probate Division: Handles guardianship cases and provides forms and instructions.
• New Hampshire Legal Assistance (NHLA): Offers legal advice and representation to low-income individuals on guardianship and other matters.
• Disability Rights Center - New Hampshire: Provides information, advocacy, and legal representation for individuals with disabilities and their families.
• State of New Hampshire Office of Public Guardian: Serves as guardian when no one else is able to do so; offers educational resources.
• Local bar associations and lawyer referral services for finding experienced guardianship attorneys.

Next Steps

If you believe a guardianship is needed for yourself or someone you care for, consider the following steps:

1. Collect any documents or information that may be relevant, such as medical records, financial statements, and contact information for family members.
2. Think about alternatives to guardianship, such as powers of attorney, and assess whether these may meet your needs.
3. Consult with a qualified attorney who understands New Hampshire guardianship law. A lawyer can explain the process, your obligations, and help you prepare the necessary paperwork.
4. File a petition for guardianship with the appropriate Probate Division of the New Hampshire Circuit Court. Be sure to provide notice to all interested parties.
5. Be prepared to participate in court hearings and provide testimony or evidence as required.
6. Follow all court orders, meet reporting requirements, and seek legal guidance if disputes or questions arise during or after the process.

Guardianship can be a complex and emotional journey. Seeking legal assistance early in the process can provide peace of mind and ensure the ward's rights and interests are fully protected under New Hampshire law.