New Hampshire Revised Statutes 464-A:12 – Temporary Guardian
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I. Any relative, public official, or interested person may file a verified petition for a temporary guardian of the person and estate, or the person, or the estate. Said petition shall contain:
(a) All the information required in N.H. Rev. Stat. § 464-A:4;
(b) The reasons the petitioner believes the proposed ward is in need of a temporary guardian;
(c) The reasons why the petitioner believes the regular procedure for obtaining guardianship of the person and estate, or the person, or the estate, is not appropriate.
II. The court may, with such notice as it deems reasonable to the proposed ward and the court appointed counsel or the proposed ward’s private counsel, appoint a temporary guardian for an incapacitated person. The appointment shall be limited to the performance of duties respecting specific property, or to the performance of particular acts necessary to prevent immediate serious physical or mental harm to the proposed ward or immediate serious physical harm to others. The temporary guardian of the person and estate, or the estate, shall file an inventory within 30 days after the termination of the guardianship, or be in default. The temporary guardian shall file an account within 90 days after the termination of the guardianship, or be in default. Within 10 days after the temporary guardian’s default, the clerk shall give notice to the fiduciary of the default by first class mail. The temporary guardian shall not file an annual report. No term of temporary guardianship shall exceed 60 days, unless for good cause shown and within the discretion of the court.
III. No temporary guardian shall seek an extension of that appointment without formally petitioning the court for a guardianship of the person and estate, or the person, or estate within the 60 day period of temporary guardianship.
IV. If the counsel for the proposed ward or the proposed ward opposes the appointment of a temporary guardian under this section, the court may not appoint said temporary guardian without a hearing pursuant to N.H. Rev. Stat. § 464-A:8 and without findings pursuant to N.H. Rev. Stat. § 464-A:9. The proposed temporary guardian, the petitioner, the proposed ward, and the counsel for the proposed ward shall be present at said hearing and the court shall determine the necessity for the appointment of a temporary guardian. The burden of proof to show need for a temporary guardian shall be on the petitioner.
V. Appointment of a temporary guardian shall not have the effect of an adjudication of incapacity or effect of limitation on the legal rights of the individual other than those specified in the court order. Appointment of a temporary guardian shall not be evidence of incapacity in the petition, hearing or finding, for regular guardianship powers under N.H. Rev. Stat. § 464-A:4, 464-A:8 and 464-A:9.
VI. The appointment of a guardian pursuant to N.H. Rev. Stat. § 464-A:9 terminates the powers of a temporary guardian appointed under this section, except for the rendering of the final account of the temporary guardian.
(a) All the information required in N.H. Rev. Stat. § 464-A:4;
Terms Used In New Hampshire Revised Statutes 464-A:12
- Court: means the probate court in the county having jurisdiction or where the ward resides. See New Hampshire Revised Statutes 464-A:2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiduciary: A trustee, executor, or administrator.
- 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.
- Guardian of the person: means one appointed by the court to have care and custody of the incapacitated person as specified by a court order. See New Hampshire Revised Statutes 464-A:2
- Immediate: means a strong likelihood that an event will occur within 72 hours. See New Hampshire Revised Statutes 464-A:2
- Incapacity: means a legal, not a medical, disability and shall be measured by functional limitations. See New Hampshire Revised Statutes 464-A:2
- Interested person: means any adult who has an interest in the welfare of the person to be protected under this chapter. See New Hampshire Revised Statutes 464-A:2
- 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
- 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) The reasons the petitioner believes the proposed ward is in need of a temporary guardian;
(c) The reasons why the petitioner believes the regular procedure for obtaining guardianship of the person and estate, or the person, or the estate, is not appropriate.
II. The court may, with such notice as it deems reasonable to the proposed ward and the court appointed counsel or the proposed ward’s private counsel, appoint a temporary guardian for an incapacitated person. The appointment shall be limited to the performance of duties respecting specific property, or to the performance of particular acts necessary to prevent immediate serious physical or mental harm to the proposed ward or immediate serious physical harm to others. The temporary guardian of the person and estate, or the estate, shall file an inventory within 30 days after the termination of the guardianship, or be in default. The temporary guardian shall file an account within 90 days after the termination of the guardianship, or be in default. Within 10 days after the temporary guardian’s default, the clerk shall give notice to the fiduciary of the default by first class mail. The temporary guardian shall not file an annual report. No term of temporary guardianship shall exceed 60 days, unless for good cause shown and within the discretion of the court.
III. No temporary guardian shall seek an extension of that appointment without formally petitioning the court for a guardianship of the person and estate, or the person, or estate within the 60 day period of temporary guardianship.
IV. If the counsel for the proposed ward or the proposed ward opposes the appointment of a temporary guardian under this section, the court may not appoint said temporary guardian without a hearing pursuant to N.H. Rev. Stat. § 464-A:8 and without findings pursuant to N.H. Rev. Stat. § 464-A:9. The proposed temporary guardian, the petitioner, the proposed ward, and the counsel for the proposed ward shall be present at said hearing and the court shall determine the necessity for the appointment of a temporary guardian. The burden of proof to show need for a temporary guardian shall be on the petitioner.
V. Appointment of a temporary guardian shall not have the effect of an adjudication of incapacity or effect of limitation on the legal rights of the individual other than those specified in the court order. Appointment of a temporary guardian shall not be evidence of incapacity in the petition, hearing or finding, for regular guardianship powers under N.H. Rev. Stat. § 464-A:4, 464-A:8 and 464-A:9.
VI. The appointment of a guardian pursuant to N.H. Rev. Stat. § 464-A:9 terminates the powers of a temporary guardian appointed under this section, except for the rendering of the final account of the temporary guardian.