Guardianship in New Hampshire

State-specific overview · Estate & Probate

Quick summary

New Hampshire requires the court to find by clear and convincing evidence that the person is incapacitated and needs a guardian.

How New Hampshire treats Guardianship

New Hampshire courts appoint guardians under state probate law and must consider less restrictive alternatives before imposing full guardianship. The person has the right to an attorney, to contest the guardianship, and to be present at the hearing. Guardians must file annual reports with the probate court detailing the ward's condition and any significant decisions. New Hampshire allows for both guardianship of the person and conservatorship of the estate as separate proceedings.

The general definition of Guardianship

A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.

Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Hampshire.