Adult Guardianship / Conservatorship Petition Packet

NEW HAMPSHIRE ADULT GUARDIANSHIP PETITION PACKET (GUARDIAN OF THE PERSON AND/OR ESTATE)

PART 0 — PRE-PETITION CHECKLIST AND TRIAGE

0.1 Type of Guardianship Sought (RSA 464-A:2)

☐ Guardian of the Person — manages personal/care decisions
☐ Guardian of the Estate — manages financial affairs (the "conservator" function)
☐ Both Person and Estate
☐ Limited Guardianship — least restrictive; only powers necessitated by demonstrated incapacity (RSA 464-A:1, :9)
☐ Temporary Guardian (RSA 464-A:12) — immediate, time-limited need

0.2 Least Restrictive Alternatives Reviewed (REQUIRED — RSA 464-A:1, :9)

☐ Durable Power of Attorney for finances (RSA 564-E) reviewed and found insufficient / abused
☐ Advance Directive / Durable POA for Health Care (RSA 137-J) reviewed and found insufficient
☐ Representative Payee (SSA / VA) considered
☐ Supported decision-making considered
☐ Trust / supplemental needs planning considered
☐ Community-based / area agency supports evaluated
☐ Capacity to execute new planning documents assessed — INSUFFICIENT

0.3 Pre-Filing Diligence

☐ "Petition for Guardian of Incapacitated Person" prepared and notarized
☐ To be filed in the Circuit Court — Probate Division for the county where the proposed ward resides (or where institutionalized)
☐ Specific examples of incapacity occurring within the last 6 months, with at least one incident within 20 days of filing (RSA 464-A:2)
☐ Proposed ward is entitled to counsel; court will appoint counsel if none retained (RSA 464-A:8)
☐ Notice of hearing to be given at least 14 days in advance (RSA 464-A:5)
☐ Relatives and interested persons identified for notice
☐ Filing fee or fee waiver prepared

PART 1 — PETITION FOR GUARDIAN OF INCAPACITATED PERSON

THE STATE OF NEW HAMPSHIRE
CIRCUIT COURT — PROBATE DIVISION
[____________________] COUNTY

1. PETITIONER

Petitioner is [FULL NAME OF PETITIONER], of [________________________________].

Relationship to / interest in the proposed ward: ☐ Spouse ☐ Adult child ☐ Parent ☐ Adult sibling ☐ Other relative ☐ Interested person ☐ Public guardian agency ☐ Self ☐ Other [____________________].

2. PROPOSED WARD

3. RELIEF REQUESTED

☐ [NAME] as Guardian of the PERSON of the proposed ward
☐ [NAME] as Guardian of the ESTATE of the proposed ward
☐ Both
☐ Limited guardianship — specify powers in Part 1.6
☐ Temporary guardian (RSA 464-A:12) — facts in Part 1.7

Length of time for which guardianship is sought: [____________________]

4. GROUNDS — INCAPACITY (RSA 464-A:2)

The proposed ward is an incapacitated person who is unable, by reason of a physical, mental, or other condition, to provide for one or more of the basic needs of food, shelter, clothing, health care, or safety, and/or is unable to manage the proposed ward's financial affairs, and:

☐ The proposed ward is incapable of making an informed choice not to provide for these needs / not to manage financial affairs
☐ The proposed ward will or has come to substantial harm as a result of the incapacity
☐ There are no available less restrictive alternatives

5. SPECIFIC EXAMPLES SUPPORTING NEED FOR GUARDIANSHIP (RSA 464-A:2)

Provide specific examples of the proposed ward's inability. Each example must (a) have occurred within the last 6 months, with at least one incident within 20 days of filing; (b) show substantial harm has or will result; (c) show the inability is not the result of informed judgment; and (d) show no less restrictive alternative is available.

(At least one incident above must be within 20 days before filing.)

6. GUARDIAN OF THE ESTATE — CHARACTER AND VALUE OF ESTATE (if estate guardianship sought)

Particular powers requested if limited guardianship of estate: [________________________________]

7. TEMPORARY GUARDIAN (RSA 464-A:12) — if requested

Facts showing an immediate, time-limited need (e.g., medical procedure, sale of property, imminent harm) requiring temporary guardianship: [________________________________]

8. LESS RESTRICTIVE ALTERNATIVES (RSA 464-A:1, :9)

9. RELATIVES / INTERESTED PERSONS; NOMINATION

Whether the proposed ward has nominated a guardian: ☐ Yes ☐ No — Nominee: [____________________]
Whether the proposed ward has a durable POA and/or living will: ☐ Yes ☐ No
Name of any attorney the proposed ward has retained: [____________________]

VERIFICATION (NOTARIZED — RSA 464-A:4)

I, [PETITIONER NAME], being duly sworn, state that the foregoing Petition is true and correct to the best of my knowledge and belief.

[____________________________]
Petitioner

State of New Hampshire, County of [____________________]

Subscribed and sworn to before me on [__/__/____].

[____________________________]
Notary Public / Justice of the Peace My commission expires: [__/__/____]

PART 2 — INTERESTED PERSONS ENTITLED TO NOTICE (RSA 464-A:5)

PART 3 — NOTICE OF HEARING (RSA 464-A:5)

NOTICE OF HEARING ON PETITION FOR GUARDIAN OF INCAPACITATED PERSON

NOTICE IS GIVEN that a Petition for Guardian of an Incapacitated Person has been filed regarding [NAME OF PROPOSED WARD] in the Circuit Court — Probate Division, [____________________] County, and will be heard on:

Notice is given at least 14 days before the hearing (RSA 464-A:5). The proposed ward is entitled to counsel; if none is retained, the court will appoint counsel (RSA 464-A:8). You may appear and be heard.

PART 4 — STATEMENT OF PROPOSED WARD'S RIGHTS (RSA 464-A:8)

TO: [NAME OF PROPOSED WARD] — A petition has been filed asking the Probate Division to find that you are an incapacitated person and to appoint a guardian of your person and/or estate. You have the following rights:

• The right to be represented by an attorney; if you do not have one, the court will appoint counsel for you (RSA 464-A:8).
• The right to receive notice of the hearing at least 14 days in advance (RSA 464-A:5).
• The right to attend the hearing, to present evidence and testimony, and to cross-examine witnesses.
• The right to require the petitioner to prove the need for guardianship beyond a reasonable doubt — the highest burden of proof under the law (RSA 464-A:8).
• The right to have the court consider whether you are capable of making an informed choice and whether less restrictive alternatives are available (RSA 464-A:2).
• The right to the least restrictive form of intervention consistent with preserving your civil rights and liberties (RSA 464-A:1, :9).
• The right to tell the court whom you do or do not want appointed as guardian.
• If a guardian is appointed, you may lose certain rights, which the court's order will specify; you may later petition to limit or terminate the guardianship (RSA 464-A:40).

PART 5 — MEDICAL / PSYCHOLOGICAL EVIDENCE OF INCAPACITY (Placeholder) (RSA 464-A:8)

Examiner signature: [____________________________] Date: [__/__/____]

PART 6 — PROPOSED ORDER (RSA 464-A:9)

ORDER APPOINTING GUARDIAN OF INCAPACITATED PERSON

This matter came before the Court on the Petition. Having considered the petition, the medical/psychological evidence, the report of any visitor, the report of the proposed ward's counsel, the notice given, and the evidence, the Court FINDS beyond a reasonable doubt:

1. ☐ Notice was given at least 14 days before the hearing (RSA 464-A:5).
2. ☐ The proposed ward is an incapacitated person within the meaning of RSA 464-A:2.
3. ☐ The proposed ward is incapable of making an informed choice and has or will come to substantial harm.
4. ☐ No less restrictive alternative is available, and guardianship is the least restrictive form of intervention (RSA 464-A:1, :9).
5. ☐ The proposed guardian is suitable, willing, and has no disqualifying conflict of interest.

IT IS ORDERED:

• [NAME] is appointed ☐ Guardian of the Person ☐ Guardian of the Estate ☐ Both of [PROPOSED WARD NAME].
• The guardianship is ☐ full ☐ limited; powers granted and rights retained by the ward: [________________________________]
• Guardian of the estate shall file bond of $[____________] or bond is waived; assets ☐ restricted.
• Guardian of the estate shall file an inventory and annual accountings (RSA 464-A:26, :35).
• Guardian of the person shall file annual reports (RSA 464-A:35).
• Review date: [__/__/____].
• Letters of guardianship shall issue upon qualification.

Dated: [__/__/____] [____________________________]
Judge, Circuit Court — Probate Division

SOURCES AND REFERENCES

• RSA 464-A (Guardians and Conservators) — https://www.gencourt.state.nh.us/rsa/html/XLIV/464-A/464-A-mrg.htm
• RSA 464-A:2 (Definitions) — https://law.justia.com/codes/new-hampshire/title-xliv/chapter-464-a/section-464-a-2/
• RSA 464-A:4 (Procedure for court appointment of a guardian); RSA 464-A:5 (notice); RSA 464-A:8 (hearing; counsel; beyond a reasonable doubt); RSA 464-A:9 (findings; order)
• RSA 464-B (Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act)
• New Hampshire Judicial Branch — Guardianship of Incapacitated Persons: https://www.courts.nh.gov/our-courts/circuit-court/probate-division/guardianship

END OF PACKET