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, besieged or captured by an enemy or any person who has not been seen or heard from for a period of time sufficient to raise a presumption in the discretion of the probate court that such person has abandoned his or her estate or is otherwise incapable of the prudent management of his or her affairs.
II. "Available alternative resource" means alternatives to guardianship including, but not limited to, services such as visiting nurses, homemakers, home health aides, adult day care and multipurpose senior citizen centers; powers of attorney, supported decision-making agreements such as those authorized by RSA 464-D, representative and protective payees; and board and care residential care facilities.
III. "Conservator" means a person who is appointed by the court to manage the estate of one who requests the appointment of a conservator.
IV. "Court" means the probate court in the county having jurisdiction or where the ward resides.
V. "Developmental disability" means the definition as set forth in RSA 171-A:2, V.
VI. "Emergency" means a situation such that the allegedly incapacitated person due to his or her incapacity faces a substantial risk of death or immediate serious physical or mental harm to himself or herself, or immediate serious physical harm to others; or there is a substantial risk that irreparable harm will occur to valuable property owned or controlled by the allegedly incapacitated person.
VI-a. "Expedited hearing" means a hearing held within 15 days of the filing of the petition or such other time period as justice requires.
VI-b. "Family guardian" means a competent person who provides guardianship services to a ward and who is related to the ward by blood, adoption, marriage, or civil union. The guardian may receive reimbursement of expenses and a reasonable stipend with court approval.
VII. "Functional limitations" means behavior or conditions in an individual which impair his or her ability to participate in and perform minimal activities of daily living that secure and maintain proper food, clothing, shelter, health care or safety for himself or herself.
VIII. "Guardian of the person" means one appointed by the court to have care and custody of the incapacitated person as specified by a court order.
IX. "Guardian of the estate" means one appointed by the court to manage the estate of the incapacitated person as specified by a court order.
X. "Immediate" means a strong likelihood that an event will occur within 72 hours.
XI. "Incapacity" means a legal, not a medical, disability and shall be measured by functional limitations. It shall be construed to mean or refer to any person who has suffered, is suffering or is likely to suffer substantial harm due to an inability to provide for his personal needs for food, clothing, shelter, health care or safety or an inability to manage his or her property or financial affairs. Inability to provide for personal needs or to manage property shall be evidenced by acts or occurrences, or statements which strongly indicate imminent acts or occurrences. All evidence of inability must have occurred within 6 months prior to the filing of the petition and at least one incidence of such behavior must have occurred within 20 days of the filing of the petition for guardianship. Evidence of such filing shall be the date the petition was mailed to the court, as evidenced by a receipt from the United States Postal Service or, if hand delivered, by the court's date stamp on the petition. Isolated instances of simple negligence or improvidence, lack of resources or any act, occurrence or statement if that act, occurrence or statement is the product of an informed judgment shall not constitute evidence of inability to provide for personal needs or to manage property.
XII. "Informed judgment" means a choice made by a person who has the ability to make such a choice, and who makes it voluntarily after all relevant information necessary to making the decision has been provided, and who understands that he is free to choose or refuse any alternative available and who clearly indicates or expresses the outcome of his choice.
XIII. "Interested person" means any adult who has an interest in the welfare of the person to be protected under this chapter.
XIV. "Least restrictive form of intervention" shall mean that the guardianship imposed on the ward represents only those limitations necessary to provide him or her with needed care and rehabilitative services, and that the ward shall enjoy the greatest amount of personal freedom and civil liberties consistent with his or her mental and physical limitations.
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.
XIV-b. "Professional guardian" means a competent person who provides guardianship services for a fee to a ward and who is not related to the ward by blood, adoption, marriage, or civil union. To be eligible for appointment, a professional guardian shall meet criteria established by the administrative judge of the probate court.
XV. "Prudent management" means the standard of care that would be observed by a prudent person dealing with the property of another.
XV-a. "Volunteer guardian" means a competent person who provides guardianship services to no more than 2 wards at the same time and who is not related to the ward by blood, adoption, marriage, or civil union. The guardian may receive reimbursement of expenses and a reasonable stipend with court approval.
XVI. "Ward" means a person for whom a guardian of the person and the estate, or the person, or estate, has been appointed.
Source. 1979, 370:1. 1988, 289:2. 1992, 284:7. 1993, 82:1; 152:1. 2008, 93:3. 2009, 132:1-3. 2015, 23:2, eff. May 5, 2015. 2021, 206:2, Pt. VI, Sec. 12, eff. Oct. 9, 2021.