Section 135-C:45-a Appointment of Limited Guardian.

NEW HAMPSHIRE STATUTES AND CODES

Section 135-C:45-a Appointment of Limited Guardian.

   I. In any case in which the petition includes a request for appointment of a guardian, the court shall also determine whether to appoint a guardian over the person for the purpose of providing health care. There shall be a legal presumption of capacity, and the burden of proof shall be on the petitioner to prove beyond a reasonable doubt that the respondent is incapacitated and in need of a guardian.
   II. At the hearing, the court shall:
      (a) Inquire into the nature and extent of the functional limitations of the respondent; and
      (b) Ascertain his or her capacity to care for himself or herself with respect to his or her health care.
   III. If it is determined that the respondent possesses the capacity to care for himself or herself regarding health care, then the court shall deny the request for appointment of a guardian.
   IV. Alternatively, the court may appoint a guardian of the person with respect to health care as requested in the petition and confer specific powers of guardianship on the proposed guardian 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 appropriate health care for 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; 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 respondent.
   V. If a guardian is appointed, letters of guardianship shall be issued, as provided in RSA 464-A:11.
   VI. Except as modified by order of the court, a guardian appointed under this chapter shall have the powers and duties set forth in RSA 464-A:25, I(d).
   VII. The provisions of RSA 464-A:10 shall govern who may be a guardian.
   VIII. Upon appointment, the guardian shall give bond to the court as provided in RSA 464-A:21.
   IX. Compensation to the guardian shall be allowed as provided in RSA 464-A:23.
   X. The provisions of RSA 464-A:24 shall govern the appointment of agents by guardians.
   XI. The guardian shall file biennial reports as provided in RSA 464-A:35, give annual notice to the ward as provided in RSA 464-A:38, file a final accounting report as provided in RSA 464-A:40, and be subject to the provisions and sanctions of RSA 464-A:37 for failure to make or file any report within the time provided by law.
   XII. The provisions of RSA 464-A:39 shall govern the removal or resignation of the guardian.
   XIII. The guardian may at any time file a petition pursuant to RSA 464-A:4 for a finding of incapacity and expansion of his or her authority over the person or estate of the ward. Such a proceeding shall be governed by the provisions of RSA 464-A.