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New Hampshire Motion to Terminate Guardianship

Category:
Statewide - Family Division - Guardianship
State:
New Hampshire
Control #:
NH-SKU-0471
Format:
PDF
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Description

Motion to Terminate Guardianship
A New Hampshire Motion to Terminate Guardianship is a legal document used to end an existing guardianship. This motion is typically used when a guardianship is no longer necessary or when the guardian is no longer able to fulfill their duties. The motion can be filed by the guardian, a parent, a court-appointed attorney, or any other person with standing to do so. Types of New Hampshire Motion to Terminate Guardianship include: • Motion to Terminate Guardianship by Consent: This type of motion is used when all parties involved agree to end the guardianship. • Motion to Terminate Guardianship by Order of the Court: This type of motion is used when the court orders the termination of the guardianship. • Motion to Terminate Guardianship by Statute: This type of motion is used when a statute or law requires the termination of the guardianship. • Motion to Terminate Guardianship by Guardian's Motion: This type of motion is used when the guardian requests the termination of the guardianship.

A New Hampshire Motion to Terminate Guardianship is a legal document used to end an existing guardianship. This motion is typically used when a guardianship is no longer necessary or when the guardian is no longer able to fulfill their duties. The motion can be filed by the guardian, a parent, a court-appointed attorney, or any other person with standing to do so. Types of New Hampshire Motion to Terminate Guardianship include: • Motion to Terminate Guardianship by Consent: This type of motion is used when all parties involved agree to end the guardianship. • Motion to Terminate Guardianship by Order of the Court: This type of motion is used when the court orders the termination of the guardianship. • Motion to Terminate Guardianship by Statute: This type of motion is used when a statute or law requires the termination of the guardianship. • Motion to Terminate Guardianship by Guardian's Motion: This type of motion is used when the guardian requests the termination of the guardianship.

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FAQ

A legal guardian can make a wide range of personal and medical decisions for the person in their care while a conservatorship generally grants much more limited decision-making powers. A conservator usually only has the authority to pay bills, make investments, and handle other financial matters.

Under the guardianship statute RSA 464-A anyone may be appointed guardian who is competent, willing, and whose appointment would cause no conflict of interest.

In addition to terminating a guardianship by Court order, guardianships terminate upon the death of the minor or upon the minor's eighteenth (18th) birthday. The guardian must notify the court within thirty (30) days of either event. Guardianships may also terminate upon the minor's adoption or emancipation.

A guardianship cannot be terminated automatically. No matter what kind of agreement you make with the potential guardian of your child, you will not be able to end the guardianship on your own. You will have to go back to court and get the judge to terminate the guardianship.

Every guardian shall be allowed a reasonable compensation for all proper expenses and services in the discharge of the guardianship.

There are generally two types of guardianships: guardianship of a minor and guardianship of an ?incapacitated? person. Guardianships of minors are done in the Family Division, unless the guardianship involves both the person and estate of the minor in which case it would be done in the Probate Division.

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More info

Again, to terminate a guardianship in this way, the guardian must file a petition with the court, announcing their intent to resign. You will need to complete a Petition to Terminate Guardianship, and a Citation or a Notice of Hearing.If not, the parents must formally petition the court to end the guardianship, and all parties attend a hearing to explain their position to the judge. Step 3: Complete your Pretrial Disclosures Form (if you plan to use witnesses or evidence at the hearing). Other guardians will actively support a termination, and in some cases, will petition for restoration. 4. Complete the Certificate of Service. • You must complete a form before you file it. Complete a Petition for Termination of Guardianship. Write neatly and use black ink. Complete the Certificate of Service.

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