TITLE XLIV
GUARDIANS AND CONSERVATORS

Chapter 463
GUARDIANSHIP OF MINORS AND ESTATES OF MINORS

Section 463:1

    463:1 Statement of Purpose. – It is the purpose of this chapter to secure for a minor an environment of stability and security by providing for the appointment of a guardian of the person when such appointment is in the best interests of the minor; and to provide for the appointment of a guardian of the estate for the proper management of the property and financial affairs of the minor. This chapter is designed to provide procedural and substantive safeguards for the rights of parents and their minor children. Implicit in this chapter shall be the recognition that the interests of a minor are generally best promoted in the minor's own home unless the best interests of the minor require substitution or supplementation of parental care and supervision.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:2

    463:2 Definitions. –
In this chapter:
I. "Authorized agency" means an agency licensed as a child-placing agency pursuant to RSA 170-E.
II. "Court" means the probate court unless otherwise specified.
III. "Department" means the department of health and human services.
IV. "Guardian" means the individual or entity appointed by the court as provided in this chapter and includes joint and successor guardians.
Unless otherwise indicated, the term "guardian" means guardian of the person and of the estate of the minor.
V. "Minor" means a child under 18 years of age who is unmarried and unemancipated.
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.

Source. 1995, 222:1; 310:175, 181. 2008, 93:1, eff. May 21, 2008.

Section 463:3

    463:3 Parents' Rights. –
I. The father and mother of every minor are joint guardians of the person of such minor, and the powers, rights, and duties of the father and mother in regard to such minor shall be equal. Upon the death of either parent, the survivor shall be the sole guardian of the person of the minor.
II. Nothing in this chapter shall prevent the probate court from appointing a guardian of the person or of the estate or both, and the custody of any minor may be awarded to either parent by such court.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:4

    463:4 Jurisdiction and Venue. –
I. The probate court shall have exclusive jurisdiction over the appointment of a guardian of the person or of the estate or of both of any minor. The jurisdiction of the court in this chapter shall be subject to the provisions of RSA 458-A.
II. (a) Venue for guardianship proceedings for a minor is in the county where the minor resides, the county where the minor is physically present when the proceedings are commenced, the county in which the authorized agency is providing services to the minor, or the county in which an underlying cause of action arose.
(b) In proceedings to create a guardianship of the estate of a minor containing real property, venue may also be in a county in which the real property, or a portion thereof, of the minor is located.

Source. 1995, 222:1. 1998, 155:1. 1999, 217:2, eff. Jan. 1, 2000.

Section 463:5

    463:5 Procedure for Appointment. –
I. Any person may nominate a guardian of the person or of the estate or of both of the person's minor child in a will, by petition, or by written consent to a petition by another. The judge of probate may, for cause, refuse to appoint a person so nominated.
II. A minor 14 years of age or older, or any person or authorized agency interested in the welfare of the minor, may petition for appointment of a guardian of the person or of the estate or of both.
III. The petition shall:
(a) Be verified;
(b) Request that a guardian of the person, of the estate, or both, be appointed;
(c) Specify the name, age, address, and occupation of the proposed guardian and the relationship of the proposed guardian to the minor;
(d) Specify the name and date of birth of the minor; and
(e) State that the appointment is in the best interests of the minor.
IV. The petition shall set forth, so far as is known to the petitioner:
(a) Alternate names and addresses of the minor; the names and addresses of the parents of the minor, and any person or persons alleged to have had the principal care and custody of the minor during the 60 days preceding the filing of the petition; and any person named as testamentary guardian of the person or of the estate of the minor in the will of a decedent-parent.
(b) The probable value and general character of the minor's real and personal property including the minor's right to receive local, state, or federal benefits and entitlements, and the probable amount of the minor's debts.
(c) The existence of any pending adoption, juvenile proceedings, including those pursuant to RSA 169-B, 169-C, 169-D, or 170-C, or other pending proceedings affecting the minor or the parents of the minor including, but not limited to, domestic violence, marriage dissolution, domestic relations, paternity, legitimation, custody, or other similar proceeding.
(d) Whether guardianship is being sought by the department as part of the permanent plan for a child in the department's custody pursuant to the Adoption and Safe Families Act of 1997, Public Law 105-89.
(e) Whether an adoption of the minor by the proposed guardian or guardians is contemplated.
V. The petition shall include a statement describing specific facts concerning actions or omissions or actual occurrences involving the minor which are claimed to demonstrate that the guardianship of the person or of the estate or both is in the best interests of the minor.
VI. (a) In all guardianships of the person, except when an agency or institution is named as the proposed guardian, the court shall review the proposed guardian's record of criminal convictions maintained by the New Hampshire division of state police and any record of founded complaints of child abuse or neglect by the proposed guardian in the child abuse and neglect registry maintained by the department of health and human services.
(b) The petitioner shall file releases provided by the court and signed by the proposed guardian authorizing the release of any record of criminal convictions and a search of the abuse and neglect registry. The court may, in its discretion, accept a petition without the signed releases and may appoint a guardian prior to receiving the proposed guardian's record of criminal convictions or the results of the search of the abuse and neglect registry or both. When the court appoints a guardian prior to the receipt of the records, the court shall review the records upon their receipt and may reexamine the appointment of the guardian based on the information contained in the records.
(c) The court may, in its discretion, request the same information from similar agencies in other states as appropriate.
VII. If the petition for guardianship was filed by the minor's grandparent, the court shall provide the grandparent with a brochure, prepared by the department of health and human services, describing potential benefits for which a child under guardianship may be eligible through the state of New Hampshire. The department of health and human services shall also post such information on the department's website.

Source. 1995, 222:1. 2001, 146:1. 2004, 11:1. 2017, 53:1, eff. Jan. 1, 2018.

Section 463:6

    463:6 Notice. –
I. After the filing of a petition, the court shall set a date for a hearing, and issue orders of notice in reasonably understandable language. The orders of notice shall be sent by certified mail, return receipt requested, to both parents of the minor and to any person or persons alleged to have had principal care and custody of the minor during the 60 days preceding the filing of the petition, and by first class mail to:
(a) The minor, if 14 years of age or older and not the petitioner.
(b) The person nominated in the petition to be the guardian.
(c) Any person named as a testamentary guardian of the person or of the estate or of both of the minor in the will of a decedent parent.
(d) The department, if the petition identifies any juvenile proceeding affecting the minor.
(e) Any parent or any sibling, aunt, uncle, or adult child of the parents of the minor if both parents are deceased.
(f) The petitioner or petitioners.
II. The orders of notice required by paragraph I shall further specify:
(a) That either parent has a right to object to and contest the guardianship petition.
(b) That either parent has a right to consent to the granting of the guardianship petition, and if such parent consents, he or she shall do so before the court or the court's designee as specified in RSA 463:8, IX.
(c) The nature and purpose of the proceeding and hearing as set forth in RSA 463:8, and that the parent or parents with legal custody are required to attend the hearing whether consenting or objecting to the petition.
III. A written consent to the petition is submission to the jurisdiction of the court.
IV. If the location of the parent or parents is unknown and this fact is sworn to under oath by the petitioner, the court may take whatever steps it deems necessary to ensure due process is satisfied unless, for good cause shown, it determines that process is impracticable or would serve no purpose, in which case notice may be waived.
V. The cost of orders of notice sent by certified mail, return receipt requested, shall be paid by the petitioner.

Source. 1995, 222:1; 310:175. 1997, 100:2. 2004, 11:2. 2005, 160:2. 2011, 177:1, eff. Aug. 13, 2011.

Section 463:7

    463:7 Ex Parte and Temporary Orders. –
I. Upon entry of a petition seeking guardianship of the person or of the estate or both of a minor, the court may issue orders for ex parte and temporary guardianship as follows:
(a) Ex parte orders may issue at any time prior to notice to the persons required to receive notice under RSA 463:6, I on a petition or request asking for such relief which includes a sworn affidavit or verified pleading alleging facts involving the circumstances of the minor which establish that unless the ex parte relief is granted the minor will or is likely to suffer immediate or irreparable harm or injury.
(1) If temporary orders are made ex parte, the party against whom the orders are issued may file a written request with the court and request a hearing. Such a hearing shall be held no later than 5 days after the request is received by the court.
(2) Notwithstanding subparagraph (1), any ex parte order entered expires 30 days after the date of the order; however, any ex parte order may be extended pending notice on persons required to receive notice under RSA 463:6, I if the party or parties seeking guardianship or appointed guardian ex parte provide proof satisfactory to the court that they have undertaken a due and diligent effort to provide the court with the names and addresses of those persons required to receive notice under RSA 463:6, I. In the event of such an extension, the court may enter such limitations on the extension as it deems reasonable and appropriate. Any further extension shall be only upon like request and proof. In the case of any extension, the court shall enter an express finding that the petitioner or petitioners for guardianship, or the person or persons appointed ex parte, have made a due and diligent effort to provide the court with the names and addresses of those persons required to receive notice under RSA 463:6, I and that the minor is still at risk.
(b) Temporary orders may be entered pending hearing and ruling on the merits, provided, however, that no temporary order shall carry with it any presumptive weight in the court's adjudication of the merits or affect the legal rights of the parent other than as specified in the court order.
(c) Upon the entry of a petition seeking guardianship of the person accompanied by a nomination document and activation orders pursuant to RSA 463:18-a, the court shall issue temporary orders appointing the individual nominated guardian pending a hearing and ruling on the merits; but for cause, the court may appoint some other suitable individual temporary guardian.
I-a. In cases where the court is addressing temporary guardianship due to either the death of a parent or the death of a guardian who has served in that capacity for the child for at least 2 years, the court shall consider, as part of its determination as to the best interests of a child, the contact the child has had with the surviving parent and/or the wishes of the deceased guardian as provided in estate planning documents.
II. Ex parte or temporary orders issued may include the appointment of a guardian or co-guardian, injunctive relief, support orders, restraining orders, visitation orders, or such other orders as the court may enter on the merits.
III. Any ex parte or temporary orders entered by the court may be modified for cause upon petition or the court's own motion and such notice as the court may deem reasonable or appropriate.

Source. 1995, 222:1. 1997, 100:3. 2002, 239:2. 2004, 11:3. 2011, 177:2, eff. Aug. 13, 2011. 2022, 106:2, eff. Jan. 1, 2023.

Section 463:8

    463:8 Conduct of Hearing. –
I. In any hearing under this chapter, the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material.
II. A minor 14 years of age or older shall attend the hearing unless attendance is excused by the court. All other minors may attend the hearing if authorized or ordered by the court.
III. (a) Except as set forth in subparagraph (b), the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that a guardianship of the person is in the best interests of the minor.
(b) If a parent objects to the establishment of the guardianship of the person requested by a non-parent, the court shall set a date for the hearing specified in this section. Except as otherwise provided in this subparagraph, the burden of proof shall be on the petitioner to establish by clear and convincing evidence that the best interests of the minor require substitution or supplementation of parental care and supervision to provide for the essential physical and safety needs of the minor or to prevent specific, significant psychological harm to the minor. If guardianship is sought by the minor's grandparent as the result of the parent's substance abuse or dependence, the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that a guardianship of the person is in the best interests of the minor.
(c) The burden of proof shall be on the petitioner for the guardianship of the estate of a minor to establish by a preponderance of the evidence that the guardianship is necessary to provide for the proper management of the property and financial affairs of the minor.
IV. The consent of the minor shall not be necessary for the appointment of a guardian, but the court shall in all cases ascertain the minor's preference, and give to it such weight as under the circumstances may seem just.
V. When before or during the hearing on any proceeding in any court it appears to the court that the interest or rights of a minor are not fully represented or upon the request of any interested person, the court may appoint a competent and disinterested person to act as guardian ad litem for such minor to represent the minor's interest in the case. The guardian ad litem shall have none of the rights of the general guardian. The person appointed guardian ad litem shall make an oath to perform such duty faithfully and impartially.
VI. A guardian ad litem appointed in a child custody proceeding in the probate court or family division shall be subject to the same standards, requirements, and rules as apply to guardians ad litem appointed in divorce, nullity, or legal separation proceedings under RSA 458:17-a.
VII. The court may appoint a guardian of the person or of the estate or of both as requested if, upon hearing, it finds based on the applicable burden of proof:
(a) In the case of guardianship of the person, guardianship is in the best interests of the minor as provided in paragraph III and the person nominated is appropriate.
(b) In the case of guardianship of the estate, that the guardianship is necessary to provide for the proper management of the property and financial affairs of the minor and the person nominated is appropriate.
VIII. If a parent objects to the appointment or continuation of a guardianship, the court shall issue written findings concerning the petitioner's compliance with the relevant burden of proof under paragraph III.
IX. If a parent consents to the appointment of a guardianship, such consent shall be executed by an instrument in writing, signed by the parent, in the presence and with the approval of the court of the county in which the case is pending. The court may designate a person or another court to take the parent's consent on the court's behalf for good cause shown. The court, or its designee, shall also question the consenting parent regarding his or her understanding and knowledge of the nature and consequences if the petition is granted; and to insure that the parent understands he or she has the right to contest the petition. If the court, based on its own determination or its duly certified designee, finds:
(a) That consent is being given voluntarily and knowingly, the court may conduct a hearing pursuant to this section and thereon make all orders authorized by this chapter; or
(b) That consent is not being given voluntarily and knowingly for any reason such as because the parent lacked the mental capacity to give such consent. In this case, the court may:
(1) Hold a hearing pursuant to this section within 6 months, or earlier, if it is reasonably likely that the parent's mental capacity will be restored within a shorter time period, and during the interim make or renew whatever temporary orders under RSA 463:7 the court deems necessary; or
(2) If it is unlikely that capacity will be restored within 6 months, schedule and conduct a hearing pursuant to this section as if the parent were objecting under paragraph III and make or renew whatever temporary orders under RSA 463:7 the court deems necessary until the hearing is conducted.
X. If the parent does not appear at the hearing and the court has not received a properly and duly executed consent form, the court may conduct such hearing as necessary to make the determinations required by this section and thereon make all orders authorized by this chapter.
XI. When the court grants guardianship as part of the permanency plan for a child in the department's custody pursuant to the Adoption and Safe Families Act of 1997, Public Law 105-89, the court shall so specify in its order.

Source. 1995, 222:1. 2004, 11:4, 5. 2005, 160:1. 2007, 117:1. 2017, 53:2, eff. Jan. 1, 2018.

Section 463:9

    463:9 Confidentiality of Proceedings. –
I. Proceedings to determine whether a guardian should be appointed for the proposed minor, and any subsequent proceedings relating to the personal history or circumstances of the minor and the minor's family, shall be held in a closed court. Only the parties, their witnesses, counsel, and representatives of the agencies present to perform their official duties and such other persons as the court may deem appropriate shall be admitted.
II. Records, reports, and evidence submitted to the court or recorded by the court shall be confidential insofar as they relate to the personal history or circumstances of the minor and the minor's family. For cause shown, the court may authorize disclosure under such terms and conditions as the court may deem appropriate.
III. All case records, as defined in RSA 170-G:8-a, relating to the personal history or circumstances of the minor and the minor's family, shall be confidential and access shall be provided pursuant to RSA 170-G:8-a.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:10

    463:10 Who May be Appointed Guardian. –
I. The court may appoint as guardian of the person of the minor any person or authorized agency whose appointment is appropriate.
II. The court may appoint as guardian of the estate any person or entity whose appointment is appropriate.
III. Co-guardians may be appointed when in the best interest of the minor. Co-guardians shall share jointly and equally the authority granted, except as otherwise ordered by the court.
IV. No person, authorized agency, or entity shall be appointed guardian of the person or of the estate or of both unless the person, authorized agency, or entity receives written notice of the proceedings and consents in writing to the appointment.
V. If a parent's substance abuse or dependence is the basis for the guardianship petition, the court shall give a preference to any grandparent of the minor who seeks appointment as guardian of the person or the estate, or both, for the minor.

Source. 1995, 222:1. 2017, 53:3, eff. Jan. 1, 2018.

Section 463:11

    463:11 Letters of Guardianship and Other Orders. –
I. Letters of guardianship shall issue to the guardian and shall contain:
(a) The name, address, and telephone number of the guardian of the person and estate, or of the person or of the estate;
(b) The name, address, and telephone number of the minor;
(c) The nature and scope of the guardianship, whether over the person and estate, or the person, or the estate;
(d) Limitations imposed by the court on the guardian; and
(e) Whether the guardianship is part of the permanent plan for a child previously under the custody of the department pursuant to the Adoption and Safe Families Act of 1997, Public Law 105-89.
II. At the time of the issuance of the letters of guardianship the court may issue such other orders as may be requested or required.

Source. 1995, 222:1. 2004, 11:6, eff. Jan. 1, 2005.

Section 463:12

    463:12 Powers and Duties of Guardians of the Person of the Minor. –
I. Except as otherwise expanded or limited by statute or order of court as provided in paragraph IV a guardian of the person of a minor has the powers and responsibilities of a parent regarding the minor's support, care and education, but a guardian is not personally liable for the minor's expenses and is not liable to third persons by reason of the relationship for acts of the minor. The guardian shall not be liable for injury to the minor resulting from the negligent acts or omissions of third persons unless a parent would have been liable in the same circumstances.
II. In particular and without qualifying the provisions of paragraph I, a guardian shall:
(a) Become or remain personally acquainted with the minor and maintain sufficient contact with the minor to know of the minor's capacities, limitations, needs, opportunities, and physical and mental health.
(b) Take reasonable care of the minor's personal effects and commence protective proceedings if necessary to protect other property of the minor.
(c) Apply any available money of the minor to the minor's current needs for support, care, and education.
(d) Conserve any excess money of the minor for the minor's future needs, but if a guardian of the estate has been appointed for the minor, the guardian of the person, at least quarterly, shall pay to the guardian of the estate the money of the minor to be conserved for the minor's future needs.
(e) Report the condition of the minor and of the minor's estate that has been subject to the guardian's possession or control, as ordered by the court on petition of any person interested in the minor's welfare or as required by court rule.
(f) File an annual report on the general welfare of the minor, including but not limited to the residence, mental and physical health, education, and financial status of the minor.
III. A guardian may:
(a) Receive money payable for the support of the minor to the minor's parent, guardian, or custodian under the terms of any statutory benefit or insurance system or any private contract, devise, trust, conservatorship, or custodianship and money or property of the minor paid or delivered pursuant to RSA 463:19 and 20.
(b) If consistent with the terms of any order by a court of competent jurisdiction relating to the custody, placement, detention, or commitment of the minor, take custody of the person of the minor and establish the minor's place of abode within or without this state.
(c) If no guardian of the estate of the minor has been appointed, institute proceedings, including administrative proceedings, or take other appropriate action to compel the performance by any person of a duty to support the minor or to pay sums for the welfare of the minor.
(d) Give any necessary consent or approval to enable the minor to receive medical or other professional care, counsel, treatment, or service. However, no guardian may give consent for psychosurgery, electroshock, sterilization, or experimental treatment of any kind unless the procedure is first approved by order of the court.
(e) Consent to the marriage or adoption of the minor as provided in RSA 170-B:5 and RSA 457:6.
(f) If reasonable under all of the circumstances, delegate to the minor certain responsibilities for decisions affecting the minor's well-being.
IV. The court may limit or restrict the powers of the guardian or impose additional duties if it deems them desirable in the best interests of the minor.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:12-a

    463:12-a Guardianship of Minors in Foster Care and Consent for Medical Treatment. –
For any guardianship granted to the department of health and human services for a minor in foster care, or for any minor in the legal custody of the department receiving foster care services, the department's authority to consent to medical treatment for the minor may be established by, but not limited to, any of the following:
I. A duly executed "Authorization for Medical Treatment" signed by the minor's parent or guardian;
II. For the provision of ordinary medical care, including behavioral, mental health, or developmental health services, a copy of that portion of the court order transferring legal custody of the minor to the department under RSA 169-C; or
III. A copy of the letter of guardianship issued to the department that authorizes the department to consent to medical or other treatment of the minor.

Source. 2018, 337:10, eff. July 1, 2018.

Section 463:13

    463:13 Order for Support for the Benefit of a Minor Under Guardianship and Visitation. –
I. The appointment of a guardian over the person or over the estate of a minor shall not relieve the minor's parents or any other persons liable for the support of the minor from their obligation to provide for such support. The court, at the time of such appointment, or at any time thereafter, may order and require such parent, parents, or other persons to contribute to the support and maintenance of the minor in such amounts and at such times as the court determines to be just and reasonable.
II. The court may from time to time, upon application of the guardian or any other party interested, and notice to the party having the duty to provide support, revise, or alter such order, or to make such new order or decree as the circumstances of the party or parties having the duty to support and maintain or the benefit of the minor may require.
III. The court may award reasonable visitation rights to the parent or parents. The presumption shall be in favor of liberal visitation rights absent a showing of harm to the minor. If a party wishes to have any pre-existing court visitation orders incorporated into the guardianship order, that party has the burden of providing said visitation orders to the court for its consideration. The court shall incorporate such visitation orders in its order, unless there has been a change in circumstances that warrants different visitation arrangements. In guardianships granted as part of the permanency plan for a child previously in the department's custody pursuant to the Adoption and Safe Families Act of 1997, Public Law 105-89, the court may give the guardian discretion to determine visitation.

Source. 1995, 222:1. 2004, 11:7, 8, eff. Jan. 1, 2005.

Section 463:14

    463:14 Resignation or Removal of Guardian. –
I. Any person appointed as guardian over the person or of an estate or both shall serve until resignation accepted by the court, removal by the court for cause, death of the guardian, or termination of the guardianship pursuant to this section.
II. A guardian desiring to resign shall request court approval of such resignation in writing.
III. Resignation of a guardian is not effective until accepted by the court and until a successor guardian is appointed or the guardianship is terminated.
IV. Any person interested in the welfare of the minor may petition for the removal of the guardian of the person or of the estate or of both for cause.
V. The resignation, removal, or death of the guardian shall not terminate the guardianship unless expressly so ordered by the court. If the guardianship is not terminated by order of the court, the court shall appoint a successor guardian.
VI. The resignation accepted by the court, removal, death of the guardian, or termination of the guardianship shall terminate the authority of the guardian, but shall not release the guardian from responsibility for any act or omission occurring during the period of the guardian's appointment.
VII. Any resignation or removal may be conditioned on such requirements or occurrences as the court may specify in the exercise of its reasonable discretion. The court may make such further orders as may be appropriate, including the requiring of the filing of a report on the general welfare of the minor, including but not limited to the residence, mental and physical health, and education of the minor.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:15

    463:15 Termination of Guardianship. –
I. A guardianship of the person or of the estate of a minor shall terminate upon order of the court, the death of the minor, the minor's eighteenth birthday, a finding by the court that the minor has been emancipated under relevant state law, or upon the issuance of a final decree of adoption. The guardian shall provide written notice to the court of termination resulting from the death of the minor, or the minor's eighteenth birthday, within 30 days of the event giving rise to termination. Failure to provide timely notice does not imply consent to the extension of jurisdiction pursuant to paragraph II.
II. Notwithstanding the provisions of paragraph I, the court may, with the continuing consent of the minor, retain jurisdiction over a minor:
(a) For whom the department has recommended extension of the court's jurisdiction;
(b) Who has, prior to the minor's eighteenth birthday, consented to the court's retention of jurisdiction;
(c) Who is attending high school and who is considered likely to complete high school; and
(d) For whom the department has previously been appointed guardian.
III. (a) Retention of the court's jurisdiction shall continue until the conditions of either subparagraph (1) or (2) are met, whichever occurs first:
(1) When the minor:
(A) Revokes consent in writing and the revocation has been approved by the court;
(B) Completes high school;
(C) Attains 21 years of age; or
(D) Dies.
(2) The department revokes its consent to extended jurisdiction in writing and the revocation is accepted by the court.
(b) The court shall approve the minor's revocation of consent if it finds that the minor, in seeking to do so, is acting intelligently, knowledgeably and in acceptance of the legal consequences.
IV. Any person interested in the welfare of the minor may petition for the termination of the guardianship of the estate. Any minor under guardianship of the person who is 14 years of age or older, or any person interested in the welfare of the minor, may petition for the termination of the guardianship of the person.
V. (a) Except as otherwise provided in subparagraph (b), guardianship of the person shall be terminated upon a showing, by a preponderance of the evidence, that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor and termination of the guardianship will not adversely affect the minor's psychological well-being.
(b) In a proceeding to terminate a guardianship established by consent, the burden of proof shall shift to the guardian to demonstrate by clear and convincing evidence that substitution or supplementation of parental care and supervision is necessary to provide for the essential physical and safety needs of the minor and that termination of the guardianship will adversely affect the minor's psychological well-being.
(c) Subparagraph (b) shall not apply if guardianship of the person was granted to a grandparent as the result of the parent's substance abuse or dependence. In such cases, the burden of proof shall be on the parent to demonstrate by a preponderance of the evidence that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor and termination of the guardianship will not adversely affect the minor's psychological well-being.

Source. 1995, 222:1; 310:175. 1996, 248:8. 2017, 53:4, eff. Jan. 1, 2018.

Section 463:16

    463:16 Modification of Guardianship. – The court may from time to time, upon application of any person interested in the welfare of the minor, and notice to all parties, revise or alter any prior orders or make such new order or decree relative to the guardianship of the person or of the estate or both as the best interests of the minor or the prudent management of the estate may require.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:17

    463:17 Periodic Court Review. – The status of all minors for whom guardianship or co-guardianship has been granted shall be reviewed by the court at 6, 12, and 24 months and annually thereafter, except that the court may waive (1) any or all reviews in cases in which a parent or the parents are co-guardians and (2) any or all reviews in all other cases after the 24-month review upon good cause shown. The guardian shall file a report with the court on or before each review date. The parent may file a statement or report with the court on or before each review date. The court may also, as part of the review, conduct a hearing on its own motion, or upon the request of a parent or guardian who seeks to substantially change the existing orders upon a showing by the parent that he or she has a reasonable likelihood of prevailing, if allowed a hearing. If termination of the guardianship is sought as part of the review proceeding, the burdens and standards of proof set forth in RSA 463:15 shall apply. Failure of any party to appear at any hearing held under this section without good cause, shall not cause the hearing to be continued.

Source. 1995, 222:1; 310:175. 2004, 11:9, eff. Jan. 1, 2005.

Section 463:18

    463:18 Consent to Service. – By accepting appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:18-a

    463:18-a Nomination of a Guardian for the Children of Activated Members of the Armed Services. –
I. Any member of the United States armed services, whether a member of an active component, reserve component, or national guard unit of the army, air force, navy, marines, or coast guard, who is ordered to active duty outside of the state of New Hampshire with the armed forces of the United States or state militia of any state, and who pursuant to a court order has sole primary physical custody of a minor residing in New Hampshire or is the guardian of such minor, may nominate a guardian of the person of the minor with the same powers and duties of a guardian of the person under RSA 463:12.
II. The document nominating the guardian shall have the effect of an ex parte order appointing a temporary guardian under RSA 463:7, except that it shall expire 7 days after activation or when a guardianship has been granted by the court, whichever is sooner. Upon activation, the individual nominated guardian shall petition for appointment of a guardian of the person of the minor within 7 days in the county where the parent or legal guardian was residing upon activation. The petitioner shall append to the petition copies of the nomination document and the member's activation orders. The petition for appointment of a guardian shall be processed, heard, and adjudicated in the same manner as other guardianships filed under this chapter. All fees for the filing of the petition for the appointment of a guardian under this section shall be waived.
III. If the minor is the subject of a pre-activation custodial court order from this or any other state, any non-guardianship related custodial order entered after activation but before deactivation of the member shall be temporary and shall not prejudice the pre-activation custodial order.
IV. Nomination of a guardian of the person shall be made by using a properly executed nomination document to which a certified copy of the minor's birth certificate and an attested copy of the existing custody or guardianship order, if any, of the minor shall be attached. The document nominating the guardian shall contain the following:
(a) Name and address of the armed forces member.
(b) Name and address of the person nominated the guardian.
(c) Name and date of birth of the minor of the armed forces member.
(d) The following language:
Know all persons that I __________ , currently residing at __________ , by this document do consent to the appointment of __________ , whose address is __________ , as the guardian of my minor child, thereby submitting to the jurisdiction of the court and waiving notice of the petition. This document shall grant the person nominated the same powers and duties of a guardian of the person under RSA 463:12 for 7 days from the date of my activation or until the probate court grants a guardianship, whichever is sooner. A copy of my activation orders must accompany this document for it to be valid.
V. The parent or legal guardian's signature shall be witnessed by a third party and the signatures of the witness and parent or legal guardian shall be acknowledged by a notary public.
VI. Upon receipt of a petition to terminate a guardianship created under this section filed by the service member, the court shall terminate the guardianship.

Source. 2002, 239:1, eff. May 17, 2002.

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.

Section 463:19-a

    463:19-a Accounts; Notice. –
I. Whenever any guardian of the estate of a minor files an account in the probate court, the guardian of the estate shall contemporaneously forward the following to the minor, if the minor is 14 years of age or older; each parent of the minor, if the parent is not a guardian of the minor and if the parent's whereabouts are known; and all parties appearing of record:
(a) A copy of the account; and
(b) A notice that the account may be approved unless a written objection, containing the specific factual or legal basis for the objection, is filed within 30 days after the date the account is filed in the probate court. This notice requirement is waived if all assents are filed pursuant to paragraph III.
II. The guardian of the estate shall certify to the probate court that the requirements of paragraph I have been complied with.
III. If the guardian of the estate files assents to the account from all persons entitled to notice under paragraph I, the account may be approved earlier than 30 days after the date the account is filed in the probate court, at the discretion of the court.

Source. 1998, 155:3, eff. July 8, 1998.

Section 463:19-b

    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.

Source. 2008, 93:2, eff. May 21, 2008.

Section 463:20

    463:20 Sales and Purchase; General Procedure. –
I. The court, upon petition of the guardian of the estate or of any other person interested in the estate of the minor, may direct or license the guardian to sell, mortgage, pledge, lease or exchange any property of the guardianship estate, including goods and chattels, real estate, or wood and timber growing thereon, upon such terms as the court may order for any purpose which is in the best interests of the minor or of the minor's estate.
II. No guardian of the estate shall purchase property of the minor, or sell property of the guardian to the minor, unless the price and manner of sale are approved by the court.
III. If the court is not satisfied that the guardian has already given bond sufficient to ensure the guardian's prudent conduct in a sale and to account for the proceeds of the sale, the court shall, before granting authorization or issuing a license, require of the guardian a bond sufficient for that purpose.
IV. All sales shall be made within 2 years after the grant of a license.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:21

    463:21 Oath Upon Sale or Disposal. – Before a license for the sale of any property of the minor shall be granted, the guardian of the estate shall take the following oath and file a certificate of the oath with the court:
"I, __________ , guardian of the estate of __________ , a minor, do solemnly swear that in disposing of the estate of the minor, for which I have applied for license, I will use my best care and judgment, exercise the prudence, intelligence and discretion which I would in the management of my own affairs and will act in the best interests of the minor and the minor's estate so that property shall be sold to the utmost advantage to the minor or the minor's estate, without any self-interest whatever."

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:22

    463:22 Conveyance. – Every guardian of the estate so licensed and sworn, having advertised and sold as may be required by the license, may execute a valid conveyance of the estate sold to the purchaser.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:23

    463:23 Purchase of Undivided Fractional Part of Real Estate. – If a minor is seized of an undivided fractional part of real estate, the court may authorize the guardian of the estate to purchase any other fractional part of the real estate whenever it will be conducive to the minor's interests to do so; and when so licensed, the guardian of the estate may make the purchase and use funds of the minor to pay the purchase money.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:24

    463:24 Purchase of Homestead for Minor. –
I. The court, on petition after notice, may authorize the guardian of the estate to purchase, with the minor's funds, real estate situated in the state as a home for the minor.
II. The petition shall state the value of the minor's property and the license shall limit the sum to be expended for such homestead as the court may deem proper.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:25

    463:25 Oath Upon Purchase. – Before making any purchase under any license or authorization, the guardian of the estate shall take the following oath and file a certificate of the oath with the court:
"I, __________ , guardian of estate of __________ , swear that in purchasing a homestead for the minor, I am acting in the best interests and to the utmost advantage of the minor, without any self-interest whatever."

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:26

    463:26 Investments. –
Every guardian of the estate shall invest, in the name of the minor, or in the guardian's own name as guardian of the minor, the money and the proceeds of all real and personal property of the minor not required for the minor's support in the following described classes of property only, unless authorized or directed by the court:
I. In notes secured by mortgage of real estate at least double in value of the notes, or in notes or bonds secured by mortgage insured by the United States Secretary of Housing and Urban Development and guaranteed by the United States of America.
II. By deposit in some incorporated savings bank in this state or in the savings department of a national bank or trust company located in this state, or in shares of any building and loan association or cooperative bank, incorporated and doing business under the laws of this state, or in the shares of any federal savings and loan association, located and doing business in this state.
III. In such other stocks, bonds, or securities as are legal investments for savings banks in this state; provided, however, that no guardian of the estate of a minor who is a beneficiary of the Department of Veterans Affairs shall invest any funds of the minor under this paragraph without the written consent of the court, except that the guardian may invest without prior consent in direct unconditional interest bearing obligations the interest and principal of which are unconditionally guaranteed by the United States.
IV. With the consent of the court, in life, death, and annuity contracts of life insurance companies authorized to do business in this state.
V. In such stocks, bonds or other securities, including the shares of an open-end or closed-end management type investment company or investment trust which is registered under the Federal Investment Company Act of 1940 as from time to time amended and which may be sold under the rules and exemptions of the insurance department of the state of New Hampshire, as a prudent person would purchase for the person's own investment, having primarily in view the preservation of the principal and the amount and regularity of the income to be derived from it; provided, however, that no guardian of the estate of a beneficiary of the Department of Veterans Affairs shall invest funds of the minor's estate under this paragraph.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:27

    463:27 Bond of Guardian of the Estate of a Minor. – When a bond is ordered in conjunction with a guardianship of the estate of a minor, no appointment of the guardian shall issue until the bond is furnished to the probate court, with sufficient sureties, in such sum as the court shall approve. A bond without sureties may be ordered in the discretion of the court.

Source. 1995, 222:1. 1996, 265:1, eff. Jan. 1, 1997.

Section 463:28

    463:28 Sale of Property of Absent Person Charged With Duty to Support a Minor. – If a person absent from the state, for whose minor child a guardian has been appointed, neglects to make provision for the child, and leaves property within the state, the court, upon petition of the guardian and notice, may authorize the guardian to sell at auction or private sale, such portion of the property as the court deems necessary for the comfortable support, education, and maintenance of the minor.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:29

    463:29 Right of Waiver by Guardian of the Estate of a Minor. – The guardian of the estate of a minor shall have the right to waive provisions of a will in favor of the minor or the minor's distributive share in a decedent's estate and shall likewise have power to release any other property right of the minor subject to prior authorization of the court, for good cause shown, and take for and receive on behalf of the minor the same property and rights.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:30

    463:30 Foreign Guardianships of the Estate. – Any person who has been appointed guardian of the estate of a minor by a court of competent jurisdiction in any other state shall, upon petition and filing of a certified copy of that appointment with the court, be appointed guardian of the estate of the minor situated in this state without further notice or hearing. Upon such appointment, the foreign guardian may deal with the estate of the minor in the same manner as a resident guardian of the estate and in accordance with RSA 463:19-29. The foreign guardian shall account to the court of original appointment for the proceeds from the sale of any of the minor's estate situated in this state. A certified copy of the approved account shall be filed with the court in this state prior to discharge of the guardian. The court, as a condition of appointment, may require the guardian to post an adequate surety bond to insure the faithful performance of the guardian's duties.

Source. 1995, 222:1, eff. Jan. 1, 1996.

General Provisions

Section 463:31

    463:31 Proceedings Under RSA 464-A. – Nothing in this chapter shall preclude institution of proceedings relating to the minor under RSA 464-A.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Section 463:32

    463:32 Prior Guardianships. – Guardianships established prior to the effective date of this chapter shall be reviewed in the probate court in accordance with RSA 463:16.

Source. 1995, 222:1, eff. Jan. 1, 1996.

Transfer of Foreign Guardianship Orders

Section 463:32-a

    463:32-a Temporary Recognition of Foreign Guardianships of the Person. – Any person who has been appointed guardian of the person of a minor by a foreign court of competent jurisdiction, for a minor who is temporarily in this state, shall be accorded the powers of guardianship as reflected in the order appointing the guardian, with full faith and credit, for a period of time not exceeding 120 days.

Source. 2001, 146:2, eff. Jan. 1, 2002.

Section 463:32-b

    463:32-b Transfer of Guardianships From Foreign Jurisdictions. –
I. Any person who has been appointed guardian of the person or estate or both, by a foreign court of competent jurisdiction, for a minor who has become a resident of this state, or who intends to move to this state, shall be accorded the powers of guardianship as reflected in the order appointing the guardian, with full faith and credit, for a period of time not exceeding 120 days following the date of the ward's residence in this state. If a petition for transfer of the guardianship is filed within 120 days of the date of the minor's residence in this state, such guardianship shall continue until an order is issued on the petition for transfer.
II. The transfer of an existing guardianship that has been established by a foreign court of competent jurisdiction shall not require this state's court to make a determination of the appropriateness of the guardian's appointment or assigned powers and responsibilities unless the court is specifically requested to do so.
III. All procedure and notice requirements in RSA 463:5 and 463:6 shall apply to a petition to transfer an existing guardianship; except that the statement required in RSA 463:5, V shall be limited to the reason or reasons for the transfer of the guardianship.
IV. The petition for transfer of an existing guardianship shall be accompanied by a certified copy of the original appointment and any amendments or modifications to the foreign guardianship order entered subsequent to the original order.

Source. 2001, 146:2, eff. Jan. 1, 2002.

Section 463:32-c

    463:32-c Transfer of Guardianships to Foreign Jurisdictions. –
I. (a) If a minor has moved permanently to a foreign jurisdiction, the guardian shall file a motion to transfer the guardianship to a foreign court of competent jurisdiction.
(b) A minor shall be presumed to have moved permanently if he or she has resided in the foreign jurisdiction for more than 12 consecutive months, or if the guardian notifies the court that the minor intends to move or has moved permanently to the foreign jurisdiction.
(c) A motion to transfer a guardianship to a foreign jurisdiction shall include documentation from the foreign court accepting the guardianship or a certified copy of an appointment of guardianship issued by the foreign court of competent jurisdiction.
II. Upon receipt and acceptance of a motion to transfer to a foreign jurisdiction:
(a) A guardian of the person shall be discharged; and
(b) A guardian of the estate shall file a final account with the court within 90 days after the date of the court order accepting the motion to transfer. Upon approval of the account, the guardian shall be discharged and his or her bond released.

Source. 2001, 146:2, eff. Jan. 1, 2002.

Guardian ad Litem Board

Section 463:33 to 463:38

    463:33 to 463:38 Repealed by 2002, 206:3, eff. May 16, 2002. –