New Hampshire § 464-A:26 General Powers and Duties of Guardian of the Estate

New Hampshire Statutes

§ 464-A:26 — General Powers and Duties of Guardian of the Estate

New Hampshire § 464-A:26

Title XLIVGUARDIANS AND CONSERVATORS

This text of New Hampshire § 464-A:26 (General Powers and Duties of Guardian of the Estate) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.H. Rev. Stat. Ann. § 464-A:26 (2026).

Text

I.The guardian of the estate shall take possession of all of the ward's real and personal property, and of all rents, income, and benefits therefrom, whether accruing before or after his or her appointment, and of the proceeds arising from the sale, mortgage, lease or exchange thereof. Subject to such possession, the title of all such estate and to the increment and proceeds thereof shall be in the ward and not in the guardian. It is the duty of the guardian of the estate to protect and preserve it, to retain, sell and invest it as hereinafter provided, 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 d

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I. The guardian of the estate shall take possession of all of the ward's real and personal property, and of all rents, income, and benefits therefrom, whether accruing before or after his or her appointment, and of the proceeds arising from the sale, mortgage, lease or exchange thereof. Subject to such possession, the title of all such estate and to the increment and proceeds thereof shall be in the ward and not in the guardian. It is the duty of the guardian of the estate to protect and preserve it, to retain, sell and invest it as hereinafter provided, 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 ward to the persons entitled thereto. The guardian of the estate shall apply the money and property for the support, care, and education of the ward, but, the guardian may not use funds from the ward's estate for room and board which the guardian or his or her spouse, parent, or child have furnished the ward unless a charge for the service is approved by order of the court made upon notice to at least one of the next of kin of the ward, if notice is possible. The guardian may institute proceedings to compel any person or agency under a duty to support the ward, or a duty to pay sums for the welfare of the ward, to perform this 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.
III. Every guardian shall take a receipt of the ward or of his or her legal representative, to whom the guardian shall pay or deliver the property of the ward, and shall file the same in the probate office, to be there recorded and preserved. The time of its being so filed shall be certified upon the clerk.
IV. Any guardian may be cited by the judge for failure to file such receipt in the probate office. If he neglects or refuses to do so he may be found in contempt and fined up to $5 per day, unless the judge, after a hearing, shall certify the reason of the omission to be sufficient. All fines collected under this section shall be for the benefit of the county in which the fine is paid.
V. A guardian of the estate shall be required to file an annual account with the probate court pursuant to this chapter, unless the court finds that it is not appropriate. The court may limit the powers of the guardian of the estate or impose additional duties if it deems such action desirable in the best interests of the ward. With respect to guardians of the estate appointed pursuant to RSA 464-A:42, the court may limit the duties of the guardian of the estate if it deems such actions appropriate in the best interests of the child.
VI. [Repealed.]