Detailed Answer
In New Hampshire, special rules apply when serving a minor or an individual under guardianship. These rules ensure that the person’s legal representative receives the documents and that the process is valid.
Service of Process on Minors
Under NH RSA 508:5, if a party to a lawsuit is a minor, service must be made on the minor’s parent or legal guardian. If no guardian or parent can be found after a reasonable effort, a court may appoint a guardian ad litem to accept service.
Additionally, under NH Rules of Civil Procedure Rule 4(c)(4), if no guardian or parent is available, you can ask the court to designate a guardian ad litem who will receive service on behalf of the minor and protect their interests.
Service of Process on Individuals Under Guardianship
For an adult under a court-appointed guardianship, service of process is made on the guardian of the person or estate, depending on the scope of the guardianship order. The guardian has the authority to receive legal documents on behalf of the ward and to ensure that the ward’s rights are protected.
If the guardianship order covers only the estate but the litigation involves personal decisions, confirm with the court whether you should serve the guardian or petition for appointment of a guardian ad litem. If you cannot locate the guardian, you may file a motion asking the court to appoint or reappoint a guardian ad litem to accept service.
Helpful Hints
- Review the guardianship order early to determine its scope and who must be served.
- Search court records for any existing guardian or guardian ad litem before attempting service.
- Document all your efforts to locate a parent, guardian, or guardian ad litem.
- If no representative can be found, consider a motion for service by publication or appointment of a guardian ad litem.
- Keep certified proof of service on file to demonstrate compliance with New Hampshire law.
- Consult a New Hampshire attorney if you encounter complex guardianship or service issues.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in New Hampshire for guidance on your specific situation.