What is a guardianship?
How do I become guardian? Do we need to go to Court?
How long does the guardianship last?
Can the parents un-do (terminate) the guardianship?
What are my responsibilities as guardian?
What is a guardianship?
A guardianship of a minor is legal proceeding in which someone other than a parent is given the care, custody, control, and responsibility for a child.
This might happen because the parents are deceased, ill, unavailable, or not appropriate parents.
A guardianship of an incapacitated adult is a legal proceeding in which someone is appointed to make decisions for an adult who is "legally incapacitated." This means a person who "...has suffered, is suffering or is likely to suffer substantial harm due to an inability to provide for his personal needs for food, clothing, shelter, health care or safety or an inability to manage his or her property or financial affairs..." NH RSA 464-A:2
How do I become guardian? Do we need to go to Court?
The Probate Court or Family Court has jurisdiction to appoint guardians. To become a guardian, you need to submit a petition to the Court stating specifically why a guardianship is needed. In the case of a guardianship of a minor, the child's parents need to consent to the guardianship or, at least, be given notice of the hearing on the guardianship. The parents can object at the hearing.
In the case of guardianship of an incapacitated adult, the Court will appoint an attorney to represent the allegedly incapacitated person. The guardian/petitioner needs to prove to the Court that the adult needs someone to make decisions for that person. The Court can dismiss the guardianship petition or appoint a guardian over the person (to make decisions about medical care and residence) or guardian over the estate (to make decisions about finances) or both.
How long does the guardianship last?
The guardianship over a minor may last until the child is eighteen years old, unless it is terminated earlier.
The guardianship over an incapacitated adult lasts as long as the person remains incapacitated.
Can the parents un-do (terminate) the guardianship?
When there is a guardianship over a child, the Court can terminate the guardianship if the parents prove that the conditions for needing a guardian no longer exist and the child will not be harmed if the guardianship were terminated.
What are my responsibilities as guardian?
As a guardian of a minor child, you step into the role of the parents and are responsible to care for the child. You have the legal responsibility as if this were your child. You may be entitled to receive support from the parent. The parent still retains parental rights and may have the right to visit with the child. The child cannot be adopted without the consent of the parents or the termination of the parental rights of the parents.
You have the responsibility to report to the Court annually about the guardianship. If you are guardian of the estate, you have the responsibility to manage money for the child/incapacitated adult and only use that money with permission of the Court.
DISCLAIMER
The information contained herein is intended for informational purposes
only, not for specific legal advice. This information pertains only to New
Hampshire and there is no warranty that the information is accurate or
up-to-date. Each situation is unique and we urge you to contact an attorney
to discuss or receive advice about a specific circumstance.
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