§ 464-A:4 — Procedure for Court Appointment of a Guardian of an Incapacitated Person

I. Any relative, public official, or interested person, or any individual in his or her own behalf may file a verified petition for finding of incapacity and appointment of a guardian of a person and estate, or the person, or estate.
II. The petition for appointment of a guardian of the person and estate, or the person, or estate, shall state:
(a) The name, address, corporate or agency status of the petitioner and connection with or relationship to the proposed ward;
(b) The name, age, and address of the proposed ward;
(c) When appropriate, the name and address of the person or institution having care or custody over the proposed ward;
(d) The names and addresses of adult spouses, parents, children and siblings of the proposed ward, so far as they are known to the petitioner;
(e) A brief description and the approximate value of the real and personal property and income of the proposed ward so far as they are known to the petitioner;
(f) The nature of the guardianship sought, whether over the person and estate, or person, or estate;
(g) The name, address, occupation and relationship to the proposed ward, if any, of the proposed guardian;
(h) The name and address of counsel, if any, for the proposed ward; and
(i) The length of time for which the appointment of a guardian is requested, whether for an indefinite or limited period of time.
III. A statement shall be filed with the petition for appointment of the guardian of the person and estate, or the person, or estate, containing facts showing the necessity for the appointment of a guardian of the person and estate, or the person, or estate of the proposed ward, including specific factual allegations as to the proposed ward's financial transactions, personal actions or actual occurrences which are claimed to demonstrate his or her inability to manage an estate, or to provide for personal needs for health care, food, clothing, shelter, or safety.
IV. When an expedited hearing is requested, an affidavit by the petitioner, or in the case of a medical emergency, by the proposed ward's physician, shall be filed with the petition setting forth the reasons an expedited hearing is necessary.
V. (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.
(b) The petitioner shall file a release provided by the court and signed by the proposed guardian authorizing the release of any record of criminal convictions. The court may, in its discretion, accept a petition without the signed release and may appoint a guardian prior to receiving the proposed guardian's record of criminal convictions. When the court appoints a guardian prior to the receipt of the record of criminal convictions, the court shall review the record upon receipt and may reexamine the appointment of the guardian based on the information contained in the record.
(c) The court may, in its discretion, request a search of the abuse and neglect registry maintained by the department of health and human services.
(d) The court may, in its discretion, request the same information from similar agencies in other states as appropriate.

Legislative History

1979, 370:1. 1981, 564:2. 1993, 152:3, 4. 2001, 146:3, eff. Jan. 1, 2002.