New Hampshire Revised Statutes 463:6 – Notice
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I. After the filing of a petition, the court shall set a date for a hearing, and issue orders of notice in reasonably understandable language. The orders of notice shall be sent by certified mail, return receipt requested, to both parents of the minor and to any person or persons alleged to have had principal care and custody of the minor during the 60 days preceding the filing of the petition, and by first class mail to:
(a) The minor, if 14 years of age or older and not the petitioner.
(b) The person nominated in the petition to be the guardian.
(c) Any person named as a testamentary guardian of the person or of the estate or of both of the minor in the will of a decedent parent.
(d) The department, if the petition identifies any juvenile proceeding affecting the minor.
(e) Any parent or any sibling, aunt, uncle, or adult child of the parents of the minor if both parents are deceased.
(f) The petitioner or petitioners.
II. The orders of notice required by paragraph I shall further specify:
(a) That either parent has a right to object to and contest the guardianship petition.
(b) That either parent has a right to consent to the granting of the guardianship petition, and if such parent consents, he or she shall do so before the court or the court’s designee as specified in N.H. Rev. Stat. § 463:8, IX.
(c) The nature and purpose of the proceeding and hearing as set forth in N.H. Rev. Stat. § 463:8, and that the parent or parents with legal custody are required to attend the hearing whether consenting or objecting to the petition.
III. A written consent to the petition is submission to the jurisdiction of the court.
IV. If the location of the parent or parents is unknown and this fact is sworn to under oath by the petitioner, the court may take whatever steps it deems necessary to ensure due process is satisfied unless, for good cause shown, it determines that process is impracticable or would serve no purpose, in which case notice may be waived.
V. The cost of orders of notice sent by certified mail, return receipt requested, shall be paid by the petitioner.
(a) The minor, if 14 years of age or older and not the petitioner.
Terms Used In New Hampshire Revised Statutes 463:6
- Decedent: A deceased person.
- 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
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
(b) The person nominated in the petition to be the guardian.
(c) Any person named as a testamentary guardian of the person or of the estate or of both of the minor in the will of a decedent parent.
(d) The department, if the petition identifies any juvenile proceeding affecting the minor.
(e) Any parent or any sibling, aunt, uncle, or adult child of the parents of the minor if both parents are deceased.
(f) The petitioner or petitioners.
II. The orders of notice required by paragraph I shall further specify:
(a) That either parent has a right to object to and contest the guardianship petition.
(b) That either parent has a right to consent to the granting of the guardianship petition, and if such parent consents, he or she shall do so before the court or the court’s designee as specified in N.H. Rev. Stat. § 463:8, IX.
(c) The nature and purpose of the proceeding and hearing as set forth in N.H. Rev. Stat. § 463:8, and that the parent or parents with legal custody are required to attend the hearing whether consenting or objecting to the petition.
III. A written consent to the petition is submission to the jurisdiction of the court.
IV. If the location of the parent or parents is unknown and this fact is sworn to under oath by the petitioner, the court may take whatever steps it deems necessary to ensure due process is satisfied unless, for good cause shown, it determines that process is impracticable or would serve no purpose, in which case notice may be waived.
V. The cost of orders of notice sent by certified mail, return receipt requested, shall be paid by the petitioner.