Adult Guardianship / Conservatorship Petition Packet - New Hampshire

NEW HAMPSHIRE ADULT GUARDIANSHIP / CONSERVATORSHIP PREPARATION WORKSHEET

IMPORTANT USE LIMIT

This document is a private preparation worksheet and official-form companion. Do not file it as a petition, notice, medical affidavit, or proposed order. Use the current forms and electronic filing pathway published by the New Hampshire Judicial Branch.

New Hampshire uses two different proceedings under RSA chapter 464-A:

• An involuntary guardianship may concern the person, the estate, or both. The petitioner must prove incapacity and the need for the least restrictive guardianship beyond a reasonable doubt.
• A voluntary conservatorship concerns property and financial affairs. The person seeking protection applies for the conservator and voluntarily chooses the nominee.

Do not use the voluntary conservatorship route for a person who cannot voluntarily apply and nominate a conservator.

1. ROUTE SELECTION

1.1 Involuntary Guardianship — RSA 464-A:1 through :12

☐ Guardian of the person requested

☐ Guardian of the estate requested

☐ Guardian of the person and estate requested

☐ Temporary guardianship requested under RSA 464-A:12

Proposed ward: [________________________________]

Requested duration: ☐ Limited through [__/__/____] ☐ Indefinite

1.2 Voluntary Conservatorship — RSA 464-A:13 through :16

☐ The petitioner is the person whose property and financial affairs would be managed.

☐ The petitioner can voluntarily request the appointment.

☐ The petitioner can voluntarily nominate the proposed conservator.

☐ The petitioner and nominee can attend the hearing.

If any item above is not true, obtain New Hampshire legal advice before selecting this route.

2. OFFICIAL FILING SET

For an incapacitated-person guardianship, use the Judicial Branch's current guardianship e-filing pathway unless the court grants an exception from electronic filing. The court's current materials identify these starting documents and possible attachments:

☐ Official Petition for Guardian of Incapacitated Person, NHJB-2165-Pe, or the petition generated through the self-represented e-filing pathway

☐ Criminal-record release authorization for each proposed guardian

☐ Department of Health and Human Services record-release authorization for each proposed guardian

☐ Both release authorizations for every other adult who will live in the same home as the proposed ward

☐ Appointment of Resident Agent, if a proposed guardian is not a New Hampshire resident

☐ Request for Waiver of Personal Appearance, if the proposed ward cannot attend

☐ Petition and Affidavit for Expedited Hearing, if emergency circumstances support expedited treatment

☐ Copies of any power of attorney, health-care power of attorney, living will, supported decision-making agreement, representative-payee appointment, or other asserted alternative

The court, not the petitioner, issues the orders of notice. Do not substitute a privately drafted notice for the court's order.

The current e-file petition uses an electronic verification under penalty of perjury. Do not add a notarial certificate unless the current court form, filing pathway, or a court order requires one.

For a voluntary conservatorship, use the current Petition for Conservator, NHJB-2161-P, and the Judicial Branch conservatorship instructions.

3. COURT AND PARTY INFORMATION

3.1 Venue — RSA 464-A:3

Circuit Court — Probate Division location: [________________________________]

County basis:

☐ Proposed ward resides in this county.

☐ Proposed ward is physically present in this county when the proceeding begins.

☐ Proposed ward is institutionally placed here under a court order or has resided in the institution for at least one year.

☐ An estate guardianship is requested and the proposed ward owns real property in this county.

3.2 Petitioner

3.3 Proposed Ward

3.4 Proposed Guardian

Nomination or exclusion instrument under RSA 464-A:10: ☐ None known ☐ Attached ☐ Needs review

4. RELATIVES, HOUSEHOLD MEMBERS, AND EXISTING AUTHORITY

List the proposed ward's adult spouse, parents, children, and siblings so far as known.

Other adults who will live with the proposed ward, excluding the proposed guardian:

Existing decision-making documents or resources:

☐ Financial power of attorney: [________________________________]

☐ Health-care power of attorney / advance directive: [________________________________]

☐ Living will: [________________________________]

☐ Supported decision-making agreement: [________________________________]

☐ Representative or protective payee: [________________________________]

☐ Trust or other fiduciary arrangement: [________________________________]

☐ No existing authority identified after reasonable inquiry

5. INCAPACITY FACTS — RSA 464-A:2, :4, :8, AND :9

Incapacity is a legal disability measured by functional limitations, not a diagnosis alone. The evidence must address substantial harm caused by inability to meet personal needs or manage property or finances. It must also address informed judgment and available alternatives.

All evidence of inability must have occurred within six months before filing, and at least one incident must have occurred within 20 days before filing.

Date petition will be filed: [__/__/____]

☐ Every incident is within six months before filing.

☐ At least one incident is within 20 days before filing.

☐ The allegations are more than isolated negligence, improvidence, lack of resources, or an informed decision.

6. LESS RESTRICTIVE ALTERNATIVES

RSA 464-A requires the court to consider whether suitable alternative resources can meet the person's needs. Record the investigation; do not merely check a box.

7. ESTATE INFORMATION AND REQUESTED SCOPE

7.1 Estate Summary

7.2 Rights and Powers at Issue

RSA 464-A:9 requires specific findings before legal rights are restricted. Identify only the rights for which the evidence supports a requested limitation; the court's order controls the guardian's authority.

☐ Residence or travel decisions

☐ Consent to or refusal of medical or professional care

☐ Marriage or divorce

☐ Making or waiving provisions of a will

☐ Motor-vehicle operator's license

☐ Testifying in judicial or administrative proceedings

☐ Access to or release of confidential records

☐ Possession or management of property or income

☐ Gifts, loans, debts, business, contracts, or powers of attorney

☐ Conveying or holding property

☐ Initiating, defending, or settling litigation

☐ Educational decisions and training

For each checked item, state the requested limitation and the evidence supporting it:

[____________________________________________________________]

[____________________________________________________________]

8. NOTICE, COUNSEL, AND HEARING

• The court issues orders of notice. The proposed ward must be personally served not less than 14 days before the hearing unless an expedited process applies. The court also mails notice to the relatives named in the petition, the proposed guardian if different from the petitioner, the petitioner, and an institutional medical director when applicable. RSA 464-A:5.
• The proposed ward's right to counsel is absolute and unconditional. If the proposed ward has no lawyer, the court appoints one immediately upon filing. Appointed counsel must explain that the proposed ward is liable for fees unless found indigent. RSA 464-A:6.
• The proposed ward must attend if in New Hampshire and able, unless the court waives attendance under RSA 464-A:8. A physician's affidavit submitted for that purpose addresses ability to attend and is not evidence of incapacity.
• The rules of evidence apply. Capacity is presumed, and the petitioner must prove incapacity and need for a guardian beyond a reasonable doubt. The hearing is closed unless the proposed ward or counsel requests otherwise. RSA 464-A:8.

Witness and exhibit plan:

9. TEMPORARY GUARDIANSHIP ADDENDUM — RSA 464-A:12

Complete only if temporary guardianship is requested.

Why the regular procedure is not appropriate: [________________________________]

Specific property duty or particular act requested: [________________________________]

Immediate serious physical or mental harm to the proposed ward, or immediate serious physical harm to others, that the requested act would prevent: [________________________________]

Requested end date: [__/__/____]

☐ The requested term does not exceed 60 days, unless the petition establishes good cause for a longer term.

☐ The requested order is limited to the identified property duty or particular act.

☐ The proposed ward and counsel have been identified for the notice the court considers reasonable.

A temporary appointment is not an adjudication of incapacity and does not limit rights beyond the terms of the temporary order. If the proposed ward or counsel opposes appointment, the court may not appoint a temporary guardian without the hearing and findings required by RSA 464-A:8 and :9.

10. VOLUNTARY CONSERVATORSHIP ADDENDUM — RSA 464-A:13 THROUGH :16

Petitioner / person to be protected: [________________________________]

Proposed conservator: [________________________________]

Property and financial limitations prompting the request: [________________________________]

☐ The petitioner is applying voluntarily.

☐ The petitioner chose the nominee voluntarily.

☐ The petitioner understands that both the petitioner and nominee must attend the hearing.

☐ The nominee understands that the court sets the bond and that estate-management, inventory, and accounting duties follow appointment.

The court may appoint a different conservator for good cause only with the protected person's approval. The protected person may later require termination by filing a signed petition under RSA 464-A:16.

11. POST-APPOINTMENT CALENDAR

The order and letters of appointment define the fiduciary's authority. Do not act beyond them.

SOURCES AND REFERENCES

• RSA chapter 464-A — current merged chapter
• New Hampshire Judicial Branch — Guardianship
• Petition for Guardian of Incapacitated Person, NHJB-2165-Pe (05/31/2024)
• Guardianship of Incapacitated Person and Estate e-Filing checklist, form 033e (07/01/2025)
• Petition for Conservator, NHJB-2161-P
• Conservatorship instructions, form 035 (07/01/2025)

END OF PREPARATION WORKSHEET