Detailed Answer
When an adult relative in New Hampshire cannot manage personal or financial affairs, the Probate Court may appoint a guardian, a conservator, or both. A guardian oversees health, housing, and daily care. A conservator manages money, assets, and bills. These appointments follow the Adults Protected Act (RSA Chapter 464-A).
1. Confirm Incapacity and Choose the Right Proceeding
Determine whether your relative lacks the ability to make safe personal decisions (guardianship) or financial decisions (conservatorship). You may petition for one or both. See RSA 464-A:1 for definitions (RSA 464-A:1).
2. Obtain a Professional Evaluation
New Hampshire law requires a written report from a licensed physician, psychologist, or other qualified evaluator. This report must describe the person’s functional limitations and support the need for a guardian or conservator. See RSA 464-A:5 (RSA 464-A:5).
3. File a Petition in Probate Court
Visit the Probate Division in the county where the proposed ward lives. Complete and submit a petition stating facts, attaching the professional evaluation and a proposed care plan or asset inventory. Pay filing fees or request a fee waiver if needed.
4. Notify Interested Parties
You must serve the proposed ward, spouse, adult children, and any other close relatives. The court may also appoint a guardian ad litem to protect the ward’s interests. Follow timelines in RSA 464-A:6.
5. Court Investigation
A court investigator reviews the petition, visits the ward, and reports on family dynamics, living conditions, and the proposed guardian’s suitability. The investigator’s report informs the judge’s decision.
6. Attend the Hearing
The court sets a hearing date. At the hearing, the judge considers testimony from the evaluator, investigator, guardian ad litem, and family. The proposed ward has the right to attend and contest the petition or choose counsel. See RSA 464-A:8 (RSA 464-A:8).
7. Court Order and Letters of Guardianship or Conservatorship
If the judge finds clear and convincing evidence of incapacity, the court issues letters appointing the guardian and/or conservator. Those letters grant legal authority to act on the ward’s behalf. The order will specify reporting duties and any limitations.
8. Ongoing Reporting and Oversight
Guardians and conservators must file annual accounts and care reports with the court. They must notify the court of major changes in the ward’s health, living situation, or finances. Failure to report can result in removal. See RSA 464-A:12 (RSA 464-A:12).
Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult an attorney for guidance on your specific situation.
Helpful Hints
- Start early: Medical evaluations and court schedules can take weeks or months.
- Keep detailed records: Track all documents, correspondence, and court filings.
- Communicate with family: Explain the process to relatives to avoid surprises.
- Consider limited guardianship: Courts can limit authority to only necessary areas.
- Understand fees: Budget for evaluator fees, court costs, and annual reporting expenses.
- Seek court-approved forms: Use forms from the Probate Court or nhprobatecourts.gov.