New Hampshire Petition to Transfer Guardianship/Conservatorship is a legal document used to transfer guardianship from one party to another. This type of petition is typically used when the original guardian or conservator is no longer able to fulfill their duties or when a child or incapacitated adult is in need of a new guardian or conservator. There are two types of New Hampshire Petition to Transfer Guardianship/Conservatorship: Temporary Transfer and Permanent Transfer. A Temporary Transfer Petition is typically filed when the current guardian or conservator is unable to fulfill their duties for a limited amount of time due to illness, travel, or other circumstances. This type of petition requests that the court appoint a temporary guardian or conservator to take care of the minor or incapacitated adult until the original guardian or conservator is able to resume their duties. A Permanent Transfer Petition is typically filed when the current guardian or conservator is no longer able to fulfill their duties or when a new guardian or conservator is needed. This type of petition requests that the court appoint a new permanent guardian or conservator to take care of the minor or incapacitated adult in place of the original guardian or conservator. In either case, the New Hampshire Petition to Transfer Guardianship/Conservatorship must be accompanied by supporting documents, such as evidence of the current guardian or conservator's incapacity, evidence of the proposed guardian or conservator's qualifications, and a list of all interested parties. After the petition is filed with the court, a hearing is usually held to determine whether the transfer is in the best interests of the minor or incapacitated adult.
New Hampshire Petition to Transfer Guardianship/Conservatorship
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FAQ
Every guardian shall be allowed a reasonable compensation for all proper expenses and services in the discharge of the guardianship.
Guardianship of an Incapacitated Person Once the petition and required documents are filed, the court will schedule the case for a hearing. In certain situations an expedited hearing may be requested. The court will appoint an attorney to represent the proposed ward unless the proposed ward already has an attorney.
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.
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.
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.
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.
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.