RSA 464-A is the New Hampshire Statute that covers guardianship procedures and RSA 547-B is the New Hampshire statute that describes public guardianship programs. If you have questions about guardianship you can contact either public guardianship agencies, Tri-County CAP Inc. Guardianship Services or Office of Public Guardian.
Generally a person is judged to be in need of guardianship when he or she shows a lack of capacity to make responsible decisions. A person cannot be declared incompetent simply because he or she makes irresponsible or foolish decisions, but only if the person is shown to lack the capacity to make sound decisions.
Once a judge signs an order appointing someone the guardian, opposing a guardianship becomes more difficult. A person who is opposed to the guardianship has the following limited options: Ask the Court to Undo the Guardianship & Start Over A person can file a “Motion to Set Aside the Order” if the guardianship order is wrong or unjust.
Limited Guardianships: Limited guardianships are granted by the court when the ward is capable of making some of their own decisions, especially concerning their personal care. However, the ward may still need assistance making more complex decisions, such as those related to finances, healthcare, or life changes;
Becoming a legal guardian involves many different legal rights and duties. A legal guardian generally has the right to make legal decisions on beha...
This depends on the order issued by the court. Legal guardianship of a minor will generally end when the child reaches the age of majority (usually...
Yes. Legal guardianship determinations are treated seriously in family law courts. These will affect the child’s future upbringing as well as the r...
A legal guardian can be anyone over the age of majority (18-21 depending on the state) who is capable of taking care of the child’s needs, includin...
You can establish legal guardianship of a child by filing a petition stating your interest in obtaining guardianship along with a filing fee. Once...
While child custody provides rights and responsibilities to the parent of the child, a legal guardianship provides similar rights to someone that i...
Both guardianship and adoption create legal relationships between a child and an adult that give the adult certain rights and obligations regarding...
If a parent has legal custody of a child, a court usually will not intervene and appoint a legal guardian. It is the practice of courts not to inte...
There are several ways that legal guardianship can end: 1. The child dies 2. The child reaches the age of 18 3. A judge decides that the guardiansh...
The laws governing legal guardianship can often be complex, especially if child custody issues are also involved. If you have any legal concerns in...
The legal guardian meaning refers to someone with the legal authority to make decisions on behalf of another person. Typically, the courts appoint guardianship over a child or an incapacitated individual. Each state has its own statutes that outline the duties, powers, and responsibilities of a guardian.
Petition for Adult Guardianship The Estates and Protected Individuals Code (EPIC) has a chapter devoted to the operation of guardianships. The first step in the process is to obtain and complete PC form 625, Petition for Appointment of Guardian for Incapacitated Individual.
Sometimes it is a challenge to attend to your child every single moment. You have a very busy schedule at work or you are incapable of doing so due to unfortunate circumstances. But this doesn’t mean your child has to fend for themselves. If you know someone who is able to look after them in your place then with a legal guardianship letter you can give them the rights to take care of them.
The following people must be notified about any potential guardianship: The person over whom the guardianship is requested (also known as the “proposed protected person”), if the person is age 14 or older. The person’s spouse. The person’s mother. The person’s father. The person’s maternal grandparents. The person’s paternal grandparents.
Usually, when a person files paperwork asking to become the guardian over another person, the court will set a hearing. The hearing is where the judge will hear from the person asking to be the guardian, the person over whom the guardianship is requested (the “protected person”), and any other relatives or interested people who want ...
Any person who has custody of the proposed protected person. Any person or officer of a care provider who has the care, custody, or control of the proposed protected person (for instance, a hospital, nursing home, or assisted living facility where the person is staying).
People often think that some relatives do not need to be notified because they have not been involved in the person’s life. For instance, if a child has been raised by one side of the family, they may think the other side of the family does not need to know about a proposed guardianship. This is incorrect! Even if family members have been absent or uninvolved, they are entitled to know about any proposed guardianship. Failure to notify them will delay the court proceedings!
Courts are tasked with establishing guardianships, and they typically appoint guardians in instances of incapacity or disability. Suppose, for example, that a person is put into a coma from a car accident.
A guardianship for physically or mentally disabled or incapacitated persons have, in recent decades, been understood to facilitate the independence and self-reliance of the ward. Guardianships are limited as much as is reasonable in order to allow wards to exercise as much control over their lives as possible while maintaining as much dignity ...
Guardianship of Incapacitated or Disabled Persons. A guardianship is a crucial legal tool that allows one person or entity to make decisions for another (the ward ). Courts are tasked with establishing guardianships, and they typically appoint guardians in instances of incapacity or disability.
State qualifications differ, but in general, to be qualified, a guardian must be a legal adult (18 years of age) and cannot have a felony or gross misdemeanor record implicating dishonesty (forgery, bribery, etc.).
Some other factors that a court may consider when deciding whether or not to grant an individual legal guardianship over a child or minor include: The financial stability and amount of time that the person will realistically be able to dedicate to properly care for the child.
Generally speaking, most legal guardians are usually persons who are either close family members and/or friends of the ward or the ward’s parents. In cases where a court is forced to choose an unrelated person, they will often select someone who has been recommended by a state child welfare program.
Another reason that a court may terminate a legal guardianship is if the legal guardian was appointed to care for and/or make legal decisions on behalf of a minor and the minor has since reached the age of majority or adulthood. Some other factors that may lead to a termination of a legal guardianship include:
Child custody cases can also be used to obtain court approval of a child custody arrangement, to make a child custody agreement enforceable, and to modify the amount of child support that a parent is required to pay each month . Unlike most child custody cases, legal guardianship matters will not stem directly from a divorce, ...
What Is a Legal Guardianship? In a family law setting, a legal guardianship can be described as a special type of legal arrangement wherein an adult agrees to assume legal responsibility for a minor who is unable to take care of themselves. The adult party in a legal guardianship is known as the “legal guardian”, ...
The adult party in a legal guardianship is known as the “legal guardian”, whereas the child or minor is referred to as their “ward”. The main purpose of a legal guardianship is to ensure that there is someone who can provide proper care and protection for a ward. A legal guardianship can also be arranged if the child needs someone ...
After the adoption process is complete, the adoptive parents will then be considered the child’s legal parents in the eyes of the law. This means that the adoptive parents will now have the right to make decisions over how they wish to raise the child.
Guardianship. Guardianship is when a court orders someone other than the child’s parent to: Both. The information in this section is about probate guardianships. These cases are brought by the person seeking to be appointed guardian or by someone else in the family asking the court to appoint a guardian. If custody of the minor was awarded ...
A guardian can be anyone: relatives, friends of the family, or other people suitable to raise the child can ask to be legal guardians. The guardian is responsible for the child's care, including the child's: Food, clothing and shelter.
Guardianship of the person. In a guardianship of the person, the guardian has the same responsibilities to care for the child as a parent would. That means the guardian has full legal and physical custody of the child and can make all the decisions about the physical care of the child that a parent would make.
The guardian is also be responsible for supervision of the child and may be liable for any intentional damage the child may cause. A guardianship of the person is sometimes needed when, no matter how much parents love their child, they are not able to parent. Maybe 1 or both parents:
A child may need a guardian of the estate if he or she inherits money or assets. In most cases, the court appoints the surviving parent to be the guardian of the child's estate. In some cases the same person can be the guardian ...
In some cases the same person can be the guardian of the person and of the estate. In other cases, the court will appoint 2 different people. Manage the child's property carefully. A guardianship of the estate is created to manage a child's property.
If custody of the minor was awarded to a non-parent through the juvenile dependency court, this section does NOT apply. If Child Protective Services (CPS) is involved in your case, you probably have to go to the juvenile court to find out what you can do. Find out more about guardianships in juvenile court.
Anyone who disagrees with a guardianship can let the judge know their concerns by “objecting” to the guardianship. There are different ways to object to a guardianship depending on whether or not a judge has signed an order appointing someone to be the guardian.
If a guardianship is no longer needed for any reason, a person can ask the court to terminate the guardianship. If granted, the guardianship ends completely. See Terminating the Guardianship for more information.
Anyone filing this kind of motion must prove to the judge that the order was obtained due to fraud, misrepresentation, mistake, excusable neglect, or misconduct of a party (to name some of the reasons). This motion must usually be filed within 6 months of when the order appointing the guardian was entered. If granted, the judge will “redo” the guardianship proceedings to correct any errors that occurred the first time.
A person who is opposed to the guardianship has the following limited options: A person can file a “Motion to Set Aside the Order” if the guardianship order is wrong or unjust.
If you were served with legal papers about a proposed guardianship, you should have a document called the “Citation to Appear and Show Cause.”. This document will tell you when the court hearing is scheduled. The court hearing is when the judge will decide whether or not to appoint a guardian.
You may attend the hearing and raise your concerns in court at that time. If you want to file a written statement about why you are opposed before the hearing, you can file an "Objection" to the Guardianship. There is usually a filing fee to submit this document.
If the guardian has failed or neglected to perform their duties, mismanaged the estate, or for some other reason is not suitable to continue serving as the guardian, anyone can ask that the guardian be removed. However, someone must file all of the required paperwork to ask to serve as the new guardian going forward.
A court hearing in which the judge reviews the petition, listens to statements, determines whether the elderly person lacks the ability to care for himself or herself, and decides whether to grant the guardianship petition.
Generally speaking, the following people or entities can petition a court to designate a guardian: The elderly person. A spouse or domestic partner of the elderly person. A relative of the elderly person. A friend of the elderly person. A state or local government agency.
Standby Guardianship - In some states, the elderly person may designate someone as a standby guardian, in case the person loses the ability to care for himself or herself. Note that all of these alternatives involve the elderly person willingly assigning his or her rights to another person.
The purpose and hoped-for benefit of elderly guardianship is that an elderly person who is no longer capable of caring for himself or herself receives proper care. However, there are several drawbacks that may come with guardianship.
Elderly guardianship, also known as elderly conservatorship, is a legal relationship created when a court appoints an individual to care for an elderly person who is no longer able to care for himself or herself. The appointed guardian has certain duties and responsibilities to the elderly person.
Depending on the state you live in, possible alternatives to guardianship include: Living Trust - The elderly person can designate someone to handle financial affairs.
Filing a Petition for Appointment of Conservator form , which requires information about the elderly person, the person filing the petition, relatives of the elderly person, and the reasons why guardianship is necessary. The petitioner must also explain why alternatives to a guardianship are not available or appropriate ...
There are two basic types of guardianship, guardianship of the person or guardianship of the estate. The parent who is appointed guardian of the person will have authority over the personal care of their adult child.
The time frame for the court process from the initial hearing could take a number of weeks.
When your child turns 18 she is legally an adult and presumed capable of exercising rights, making decisions, and accepting adult responsibility in full. If your disabled adult child is unable to care for and make financial and medical decisions for himself you will need to file a petition for guardianship with your county probate court.
This is your legal documentation giving you the authority to act on behalf of your adult child and it should arrive in the mail within a few weeks of your hearing.
Guardianship gives you the legal right to make necessary decisions on behalf of your adult child. It allows you to oversee or personally be responsible for the care, custody and control of an individual the court considers incompetent.
Guardianship of the estate is necessary when an individual is unable to manage personal property or financial obligations.
If you are filing for yourself, you will be given a court date after all the required forms are completed and your petition is filed. Within fourteen days of your court date your child must be served with a summons, notice of the hearing, and a list of his rights.
Some examples of what courts look for when choosing a legal guardian to appoint include: The personal relationship between the ward and the proposed guardian; The unique needs of the ward, as well as their opinion about who should be their guardian; The ability of the proposed guardian to understand and meet the needs of the ward; and.
A legal guardian is a person who has been court appointed to care for another person, and make decisions on their behalf. Essentially, a legal guardian assumes legal responsibility over another person. They have been granted the legal authority to care for their ward’s personal and property interests. Some of the decisions that a legal guardian may ...
Some of the decisions that a legal guardian may need to make on behalf of their ward include: Medical decisions; Financial decisions; Contract agreements; and. Other legally binding statements. Legal guardianship is usually utilized for incapacitated seniors, developmentally disabled adults, and minor children.
What Are the Rights and Duties of a Legal Guardian? In general, a legal guardian has the right to make legal decisions on behalf of their ward. As mentioned above, the right to make legal decisions can include a wide variety of decisions. These include where the ward lives, where to send the minor to school, and decisions regarding ...
This means that the guardian is to use the same level of care and judgement with the ward’s estate as they would their own.
Guardianship arrangements for minors are especially necessary when a child’s biological parents are no longer able to provide care for the child. Guardianships are regulated by guardianship laws which dictate who can become a legal guardian. They also regulate the manner in which guardianship is to be carried out.
Guardian ad Litem: A guardian ad litem is a guardian appointed by the court to represent the ward’s interests during legal proceedings. Typically guardian ad litems are appointed in any cases that may affect a child’s legal rights.