New Hampshire Revised Statutes 464-A:3 – Jurisdiction and Venue
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I. The probate court shall have exclusive jurisdiction over the appointment of a guardian of the person or of the estate or of both of any incapacitated person.
II. (a) Except as provided in N.H. Rev. Stat. § 464-A:25, I(a), venue for guardianship proceedings for a proposed ward is in the county where the proposed ward resides, or the county in which the proposed ward is physically present when the proceedings are commenced.
(b) If the proposed ward is admitted to an institution pursuant to an order of a court of competent jurisdiction, or is a resident of an institution for a period of at least one year, venue is also in the county in which that institution is located.
(c) In proceedings to create a guardianship of the estate containing real property, venue may also be in a county in which the real property, or a portion thereof, of the proposed ward is located.
II. (a) Except as provided in N.H. Rev. Stat. § 464-A:25, I(a), venue for guardianship proceedings for a proposed ward is in the county where the proposed ward resides, or the county in which the proposed ward is physically present when the proceedings are commenced.
Terms Used In New Hampshire Revised Statutes 464-A:3
- Court: means the probate court in the county having jurisdiction or where the ward resides. See New Hampshire Revised Statutes 464-A:2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probate: Proving a will
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Venue: The geographical location in which a case is tried.
- Ward: means a person for whom a guardian of the person and the estate, or the person, or estate, has been appointed. See New Hampshire Revised Statutes 464-A:2
(b) If the proposed ward is admitted to an institution pursuant to an order of a court of competent jurisdiction, or is a resident of an institution for a period of at least one year, venue is also in the county in which that institution is located.
(c) In proceedings to create a guardianship of the estate containing real property, venue may also be in a county in which the real property, or a portion thereof, of the proposed ward is located.