Guardianships of Estates of Minors

Section 463:19

    463:19 General Powers and Duties of a Guardian of the Estate of a Minor. –
I. Except as otherwise ordered by the court, the guardian of the estate shall take possession of all of the minor's real and personal property, and of all rents, incomes, and benefits from such property, whether accruing before or after appointment, and of the proceeds arising from the sale, mortgage, lease, or exchange of such property. Subject to such possession, the title of all such estate, and to the increment and proceeds thereof, shall be in the minor or in the guardian on behalf of the minor. It is the duty of the guardian of the estate to protect and preserve it, to retain, sell, and invest it as provided in this subdivision, to prosecute or defend actions, claims, or proceedings in any jurisdiction for the protection of the estate's assets, to account for it faithfully, to perform all other duties required by law, and at the termination of the guardianship to deliver the assets of the minor to the persons entitled to such assets. The guardian may institute proceedings to compel any person or agency under a duty to support the minor, or duty to pay sums or to provide benefits for the welfare of the minor, to perform the duty.
II. Except as limited by statute or order of the court, the guardian of the estate shall have the power to perform, without court authorization, every act which persons of prudence, discretion and intelligence and exercising judgment and care as in the management of their own affairs would perform for the purposes of the guardianship, including but not limited to, the powers specified in RSA 564-B:8-816. The guardian of the estate, with court authorization, shall have the power to create and fund a trust, to terminate at some time after the termination of the guardianship, for the benefit of the minor into which all or part of such minor's estate may be transferred. Except in the case of a special needs trust as defined in RSA 564-B:5-505, the trust shall not continue beyond the twenty-fifth birthday of the minor.
III. The guardian of the estate shall file an inventory of the estate of the minor 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 minor's estate shall be made whenever ordered by the court.
IV. Every guardian of the estate shall take a receipt of the minor or of the minor's legal representative, to whom the guardian shall pay or deliver the property of the minor, and shall file the same with the court. Any guardian may be cited by the court for failure to file such receipt. If the guardian neglects or refuses to do so, the guardian may be found in contempt and fined up to $5 per day.
V. The guardian of the estate shall file with the court an annual account of administration and management of the guardianship estate, within 90 days after the anniversary date of the guardianship appointment unless otherwise ordered by the court. The account shall specify the amount and type of real and personal property received, remaining in the guardian's control, and invested by the guardian and the nature of such investment, and the guardian's receipts of money disbursed and expenditures, during the preceding time. Upon request of the court, the guardian 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.
VI. The court may limit or restrict the powers of the guardian of the estate or impose additional duties if it deems them desirable in the best interests of the minor or of the minor's estate.

Source. 1995, 222:1. 1998, 187:1. 2004, 130:6, eff. Oct. 1, 2004.