New Hampshire Revised Statutes 464-A:9 – Findings
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I. The court, at a hearing convened under this chapter, shall:
(a) Inquire into the nature and extent of the functional limitations of the proposed ward; and
(b) Ascertain his or her capacity to care for himself or herself or his or her estate.
II. If it is determined that the proposed ward possesses the capacity to care for himself or his estate, the court shall dismiss the petition.
III. Alternatively, the court may appoint a guardian of the person and estate, or the person or the estate, as requested in the petition and confer specific powers of guardianship on the proposed guardian, or appoint co-guardians, one of the person and one of the estate, after finding in the record based on evidence beyond a reasonable doubt that:
(a) The person for whom a guardian is to be appointed is incapacitated; and
(b) The guardianship is necessary as a means of providing continuing care, supervision, and rehabilitation of the individual, or the management of the property and financial affairs of the incapacitated person; and
(c) There are no available alternative resources which are suitable with respect to the incapacitated person’s welfare, safety, and rehabilitation or the prudent management of his or her property and financial affairs; and
(d) The guardianship is appropriate as the least restrictive form of intervention consistent with the preservation of the civil rights and liberties of the proposed ward.
III-a. If a petition is filed pursuant to N.H. Rev. Stat. § 464-A:4 for the appointment of a guardian of the person or of the person and the estate for a person admitted for in-patient treatment on an involuntary emergency basis as provided in N.H. Rev. Stat. § 135-C:27-33 or on an involuntary basis as provided in N.H. Rev. Stat. § 135-C:34-54, the probate court shall render a decision on such petition in accordance with the provisions of this chapter within 45 calendar days of the filing of the petition.
III-b. When a petition seeks appointment of a guardian for a limited period of time, the probate court may dismiss the petition, grant the petition, or appoint a guardian for a shorter period of time than sought in the petition. The court shall not appoint a guardian for a period of time longer than the time sought in the petition.
IV. No person determined to be incapacitated thus requiring the appointment of a guardian of the person and estate, or the person, or the estate, shall be deprived of any legal rights, including the right to marry, to obtain a motor vehicle operator’s license, to testify in any judicial or administrative proceedings, to make a will, to convey or hold property, or to contract, except upon specific findings of the court. The court shall enumerate in its findings which legal rights the proposed ward is incapable of exercising.
V. No individual shall be committed to any mental health facility or state institution solely because he or she has been declared incompetent for the purpose of appointing a guardian.
VI. The court may dismiss the proceedings or enter any other appropriate order consistent with the findings of this section.
(a) Inquire into the nature and extent of the functional limitations of the proposed ward; and
Terms Used In New Hampshire Revised Statutes 464-A:9
- Contract: A legal written agreement that becomes binding when signed.
- Court: means the probate court in the county having jurisdiction or where the ward resides. See New Hampshire Revised Statutes 464-A:2
- Emergency: means a situation such that the allegedly incapacitated person due to his or her incapacity faces a substantial risk of death or immediate serious physical or mental harm to himself or herself, or immediate serious physical harm to others; or there is a substantial risk that irreparable harm will occur to valuable property owned or controlled by the allegedly incapacitated person. 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.
- Functional limitations: means behavior or conditions in an individual which impair his or her ability to participate in and perform minimal activities of daily living that secure and maintain proper food, clothing, shelter, health care or safety for himself or herself. 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.
- 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
- Least restrictive form of intervention: shall mean that the guardianship imposed on the ward represents only those limitations necessary to provide him or her with needed care and rehabilitative services, and that the ward shall enjoy the greatest amount of personal freedom and civil liberties consistent with his or her mental and physical limitations. 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
- Probate: Proving a will
- Prudent management: means the standard of care that would be observed by a prudent person dealing with the property of another. See New Hampshire Revised Statutes 464-A:2
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Testify: Answer questions in court.
- 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) Ascertain his or her capacity to care for himself or herself or his or her estate.
II. If it is determined that the proposed ward possesses the capacity to care for himself or his estate, the court shall dismiss the petition.
III. Alternatively, the court may appoint a guardian of the person and estate, or the person or the estate, as requested in the petition and confer specific powers of guardianship on the proposed guardian, or appoint co-guardians, one of the person and one of the estate, after finding in the record based on evidence beyond a reasonable doubt that:
(a) The person for whom a guardian is to be appointed is incapacitated; and
(b) The guardianship is necessary as a means of providing continuing care, supervision, and rehabilitation of the individual, or the management of the property and financial affairs of the incapacitated person; and
(c) There are no available alternative resources which are suitable with respect to the incapacitated person’s welfare, safety, and rehabilitation or the prudent management of his or her property and financial affairs; and
(d) The guardianship is appropriate as the least restrictive form of intervention consistent with the preservation of the civil rights and liberties of the proposed ward.
III-a. If a petition is filed pursuant to N.H. Rev. Stat. § 464-A:4 for the appointment of a guardian of the person or of the person and the estate for a person admitted for in-patient treatment on an involuntary emergency basis as provided in N.H. Rev. Stat. § 135-C:27-33 or on an involuntary basis as provided in N.H. Rev. Stat. § 135-C:34-54, the probate court shall render a decision on such petition in accordance with the provisions of this chapter within 45 calendar days of the filing of the petition.
III-b. When a petition seeks appointment of a guardian for a limited period of time, the probate court may dismiss the petition, grant the petition, or appoint a guardian for a shorter period of time than sought in the petition. The court shall not appoint a guardian for a period of time longer than the time sought in the petition.
IV. No person determined to be incapacitated thus requiring the appointment of a guardian of the person and estate, or the person, or the estate, shall be deprived of any legal rights, including the right to marry, to obtain a motor vehicle operator’s license, to testify in any judicial or administrative proceedings, to make a will, to convey or hold property, or to contract, except upon specific findings of the court. The court shall enumerate in its findings which legal rights the proposed ward is incapable of exercising.
V. No individual shall be committed to any mental health facility or state institution solely because he or she has been declared incompetent for the purpose of appointing a guardian.
VI. The court may dismiss the proceedings or enter any other appropriate order consistent with the findings of this section.