CHAPTER 93

SB 444 – FINAL VERSION

02/14/08 0452s

2008 SESSION

08-2831

09/04

SENATE BILL 444

AN ACT relative to settlements on behalf of minors and judgments and decrees in favor of minors.

SPONSORS: Sen. Foster, Dist 13

COMMITTEE: Judiciary

ANALYSIS

This bill requires approval of certain settlements on behalf of minors and judgments and decrees in favor of minors by the superior or district court in which the action is pending.

This bill was requested by the supreme court.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/14/08 0452s

08-2831

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to settlements on behalf of minors and judgments and decrees in favor of minors.

Be it Enacted by the Senate and House of Representatives in General Court convened:

93:1 Guardianship of Minors and Estates of Minors; Definitions. Amend RSA 463:2, VI to read as follows:

VI. “Net amount” means the amount of settlement, judgment and related interest and taxable costs, or decree received after the deduction of attorney’s fees, court costs, and other expenses related to the claim.

VII. “Parent” means mother, father, or adoptive parent, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment.

93:2 New Section; Settlements on Behalf of Minors or Judgments or Decrees in Favor of Minors. Amend RSA 463 by inserting after section 19-a the following new section:

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.

93:3 Guardians and Conservators; Definition of Net Amount. Amend RSA 464-A:2, XIV-a to read as follows:

XIV-a. “Net amount” means the amount of settlement, judgment and related interest and taxable costs, or decree received after the deduction of attorney’s fees, court costs, and other expenses related to the claim.

93:4 Settlements on Behalf of Minors or Judgments or Decrees in Favor of Minors. RSA 464-A:42 is repealed and reenacted to read as follows:

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.

93:5 Effective Date. This act shall take effect upon its passage.

Approved: May 21, 2008

Effective Date: May 21, 2008