PETITION FOR APPOINTMENT OF GUARDIAN
(New Hampshire Probate Court)
[// GUIDANCE: This template is drafted to comply with N.H. RSA 463 (Guardianships of Minors) or N.H. RSA 464-A (Guardianships of Incapacitated Adults). Delete whichever statute does not apply and revise section-specific brackets accordingly. All statutory references are intentionally generic (“RSA ___”) so attorneys may insert the precise subsection after confirming applicability.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction and Venue
- Parties
- Factual Allegations and Statutory Grounds
- Operative Provisions (Relief Requested)
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies / Removal of Guardian
- Risk Allocation (Bond & Fiduciary Indemnity)
- Dispute Resolution
- General Provisions
- Verification
- Execution & Notarization
1. DOCUMENT HEADER
1.1 Title. PETITION FOR APPOINTMENT OF [TEMPORARY / PERMANENT] GUARDIAN OF THE [PERSON / ESTATE / PERSON AND ESTATE] OF [FULL LEGAL NAME OF PROPOSED WARD] (“Proposed Ward”).
1.2 Effective Date. This Petition is deemed filed on the date stamped by the Clerk of the [COUNTY] Probate Court, State of New Hampshire.
1.3 Governing Law. This matter is governed by New Hampshire guardianship law (RSA 463 or RSA 464-A) and the New Hampshire Probate Court Rules.
2. DEFINITIONS
“Bond” – The probate bond, with surety if required, posted pursuant to RSA ___ and Probate Court Rule ___ as security for the faithful performance of the Guardian’s fiduciary duties.
“Guardian” – The individual or entity appointed by the Court to exercise powers over the person, estate, or both of the Ward, subject to statutory limitations and Court oversight.
“Guardianship Report” – The annual report or account required under RSA ___ and Probate Court Rule ___, detailing the Ward’s condition and the administration of the Ward’s assets.
“Incapacitated Person” – An adult meeting the incapacity standard of RSA 464-A:2, XI.
“Minor” – An unemancipated individual who has not reached the age of majority as defined in RSA 21-B:1.
“Petitioner” – The individual(s) bringing this Petition and seeking appointment of a Guardian.
“Probate Court” – The Circuit Court – Probate Division, State of New Hampshire, having jurisdiction and venue over this matter.
“Ward” – Upon appointment of a Guardian, the person for whom the Guardianship is established.
[// GUIDANCE: Add or delete definitions as necessary for facts of case.]
3. JURISDICTION AND VENUE
3.1 The Probate Court has subject-matter jurisdiction under RSA 463 or RSA 464-A.
3.2 Venue is proper in [COUNTY] because the Proposed Ward [resides in / is domiciled in / owns property in] this county.
3.3 No previous guardianship or protective proceeding concerning the Proposed Ward is pending in any jurisdiction, except as disclosed in Exhibit A.
4. PARTIES
4.1 Petitioner.
Name: [PETITIONER FULL NAME]
Address: [STREET, CITY, STATE, ZIP]
Relationship to Proposed Ward: [RELATIONSHIP]
4.2 Proposed Guardian (if different from Petitioner).
Name: [GUARDIAN FULL NAME]
Address: [STREET, CITY, STATE, ZIP]
Occupation / Qualifications: [INSERT]
4.3 Proposed Ward.
Name: [WARD FULL NAME]
DOB: [MM/DD/YYYY]
Residence: [ADDRESS]
4.4 Interested Persons. A complete list of all persons entitled to notice under RSA ___ is attached as Exhibit B.
5. FACTUAL ALLEGATIONS AND STATUTORY GROUNDS
5.1 Capacity / Best Interests. The Proposed Ward [is a Minor / is an Incapacitated Person] and, under RSA , requires a Guardian because:
a. [For minors] Both parents are [deceased / unwilling / unfit / have consented in writing].
b. [For adults] Medical evidence (see Exhibit C) establishes the functional limitations described in RSA 464-A:, demonstrating incapacity to make informed decisions regarding personal care and/or property.
5.2 Least Restrictive Alternative. No less restrictive alternative to guardianship is feasible, as documented in Exhibit D.
5.3 Scope Requested. Petitioner seeks authority over the [person / estate / both], including the specific powers enumerated in Section 6.
6. OPERATIVE PROVISIONS (RELIEF REQUESTED)
Petitioner respectfully requests that the Court enter an order:
6.1 Appointing [PROPOSED GUARDIAN] as Guardian of the [person / estate / both] of the Proposed Ward;
6.2 Fixing the amount of Bond at $[AMOUNT] with [surety / no surety] pursuant to RSA ___;
6.3 Granting the Guardian the following powers, subject to Court oversight:
a. Personal Decisions – Residence, medical care, education, and social services;
b. Financial Decisions – Collection, management, investment, and expenditure of assets;
c. Legal Authority – Access to confidential records, standing to pursue or defend litigation on behalf of the Ward;
d. Other powers specifically authorized under RSA ___, as detailed in Exhibit E.
6.4 Requiring the Guardian to file:
a. An initial inventory within 90 days of appointment;
b. Annual Guardianship Reports and accounts; and
c. Such additional reports as the Court may order.
6.5 Appointing a Guardian ad Litem if the Court deems it necessary for the Ward’s best interests.
6.6 Granting such other and further relief as equity and justice require.
7. REPRESENTATIONS & WARRANTIES
Petitioner, under oath, represents and warrants that:
7.1 All statements herein are true, correct, and complete to the best of Petitioner’s knowledge, information, and belief.
7.2 Petitioner has disclosed all known interested persons and proceedings.
7.3 The proposed Guardian is suitable, willing, and able to serve and has no disqualifying conflicts of interest under RSA ___.
7.4 The proposed Bond amount is reasonably calculated to protect the Ward’s estate based on current asset information.
[// GUIDANCE: Insert additional representations if Guardian is a professional fiduciary or corporate entity.]
8. COVENANTS & RESTRICTIONS
8.1 Fiduciary Duties. The Guardian shall faithfully discharge all fiduciary duties imposed by law, including duties of loyalty, care, prudence, and impartiality.
8.2 Statutory Compliance. The Guardian shall comply with all applicable provisions of RSA 463 or RSA 464-A and Probate Court Rules, including accounting, reporting, and notice obligations.
8.3 Court Oversight. The Guardian shall not:
a. Sell, encumber, or mortgage real property without prior Court approval;
b. Make gifts from the Ward’s estate except as authorized by Court order;
c. Place the Ward in a restrictive residential setting without Court approval, unless an emergency exists.
8.4 Notice of Material Change. The Guardian shall promptly notify the Court and all interested persons of any change in the Ward’s residence, health status, or estate value exceeding ten percent (10%).
9. DEFAULT & REMEDIES / REMOVAL OF GUARDIAN
9.1 Events of Default. The following constitute defaults:
a. Failure to file required inventories, accounts, or reports;
b. Misappropriation, waste, or self-dealing;
c. Breach of fiduciary duty as determined by the Court;
d. Failure to maintain the required Bond.
9.2 Remedies. Upon default, any interested person or the Court sua sponte may:
a. Remove or suspend the Guardian;
b. Surcharge the Guardian personally;
c. Call on the surety to satisfy losses;
d. Impose any other sanction authorized by statute or equity.
9.3 Attorney’s Fees. In the event of removal for cause, the Guardian shall be personally liable for reasonable attorney’s fees and costs incurred by the Ward’s estate.
10. RISK ALLOCATION (BOND & FIDUCIARY INDEMNITY)
10.1 Bond Requirement. Prior to issuance of Letters of Guardianship, the Guardian shall file a Bond in the amount ordered by the Court. The Bond shall remain in force until the Guardianship is terminated and the Court discharges the surety.
10.2 Indemnification by Guardian. The Guardian acknowledges personal liability for any loss to the Ward’s estate arising from the Guardian’s breach of fiduciary duty, willful misconduct, or gross negligence.
10.3 Limitation of Liability. Except as provided in Section 10.2, the Guardian shall not be liable for losses attributable to prudent investment risk in conformity with RSA ___ and any Court-approved investment plan.
11. DISPUTE RESOLUTION
11.1 Governing Law. All matters arising from this Petition shall be governed exclusively by the laws of the State of New Hampshire.
11.2 Forum Selection. Exclusive jurisdiction and venue lie in the [COUNTY] Probate Court.
11.3 Arbitration. Not available for guardianship proceedings.
11.4 Jury Waiver. Jury trials are not available in Probate Court guardianship matters.
11.5 Injunctive Relief. The Court retains authority to enter protective orders as necessary for the Ward’s welfare.
12. GENERAL PROVISIONS
12.1 Amendments. Any amendment to the Letters of Guardianship shall be by Court order upon motion and notice.
12.2 Severability. If any provision of the Court’s guardianship order is held unenforceable, the remaining provisions shall remain in full force to the extent consistent with statutory requirements.
12.3 Successors. Any successor or standby Guardian shall be bound by all prior orders of the Court unless modified.
12.4 Integration. The Court’s order on this Petition, together with the Letters of Guardianship and any subsequent modifying orders, constitutes the entire framework governing the Guardianship.
12.5 Electronic Signatures. Consistent with Probate Court administrative orders, electronic signatures and filings are accepted and shall carry the same force and effect as original signatures.
13. VERIFICATION
I, [PETITIONER NAME], being duly sworn, depose and say that I am the Petitioner in the foregoing matter; that I have read the foregoing Petition and know the contents thereof; and that the statements contained therein are true to the best of my knowledge, information, and belief, under penalty of perjury pursuant to RSA ___.
Date: __
[PETITIONER NAME], Petitioner
14. EXECUTION & NOTARIZATION
State of New Hampshire
County of ____
On this _ day of _, 20__, before me, the undersigned Notary Public/Justice of the Peace, personally appeared ______, proved to me through satisfactory evidence of identification to be the person whose name is signed above, and acknowledged that he/she executed this instrument for the purposes herein contained.
Notary Public / Justice of the Peace
My Commission Expires: ______
[// GUIDANCE:
1. Attach required Exhibits (Medical Affidavit, Consents, Bond Form, Proposed Letters of Guardianship, etc.).
2. Confirm that all interested persons receive statutory notice and that certifications of service are filed.
3. If an emergency (“ex parte”) temporary guardianship is sought, file a separate motion with supporting affidavit.
4. Consider requesting standby or co-guardians to ensure continuity of care.]