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New Hampshire Motion to Sell Real Estate in Guardianship Conservatorship
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FAQ
As per the provisions of the Hindu Minority and Guardianship Act, 1956, any property or share in property owned by a minor, cannot be sold or disposed of by the natural guardian of the minor, without taking permission from the court.
When authorized by order of the court under Section 2570, the guardian or conservator may purchase: (a) Real property in this state as a home for the ward or conservatee if such purchase is for the advantage, benefit, and best interest of the ward or conservatee.
What Is Conservatorship Real Estate?A conservatorship is a legal arrangement where a court appoints an individual called a conservator to manage personal affairs, finances, or property for someone unable to care for their own financial affairs called the conservatee.
If there is no one authorized to sell the property under an existing power of attorney, the real property can be sold by a guardian. Selling real property through a guardianship requires two real estate appraisals and court approval.
For Guardians Over the Person: Provide proper care, maintenance, education, and support. Supply food, clothing, shelter, and necessaries. Authorize medical, surgical, dental, psychiatric, and psychological care (although some medical treatments, such as experimental treatments, require court approval).
Guardianship Versus Conservatorship What Is the Difference?A guardian of the person is responsible for decisions about care provisions and living arrangements of the ward. A guardian of the estate, also known as a conservator, is charged with the ward's property and financial affairs.
The conservator has the power to collect all the conservatee's assets, pay bills, make investments, etc. The conservator must seek court supervision for major transactions, such as purchase or sale of property, borrowing money, or gifting of assets.
Guardianship of the person. The legal guardian has the right to consent for the minor and make all decisions regarding the minor's health and education. A legal guardian will maintain custody of the minor until the minor reaches the age of eighteen, or until a judge determines that the minor no longer needs a guardian.
If there is no one authorized to sell the property under an existing power of attorney, the real property can be sold by a guardian. Selling real property through a guardianship requires two real estate appraisals and court approval.