In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.
New Hampshire Petition for Notice to Minor to Nominate or Select Guardian
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How to fill out Petition For Notice To Minor To Nominate Or Select Guardian?
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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.
In New Hampshire, you can petition the court for guardianship of an incapacitated person. That's done when you can prove beyond a reasonable doubt that a person is unable to provide for their basic needs. Basic needs are things like shelter, food, clothing, health care, and their own safety.
Guardianship versus parental rights The fact that the child has a guardian does not mean the parent has no rights. Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this.
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.
There are two main types of guardianship, a ?guardian of the person?, to manage the ward's personal affairs; and ?a guardian of the estate?, to manage the ward's financial affairs. New Hampshire's law allows any competent person to be appointed guardian, provided there is no conflict of interest.
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.
Filing for guardianship of a child (sometimes called a ?minor? or ?ward?) in New Hampshire is a relatively easy process. A family law attorney can help you file three necessary forms with the court. Once these are filed, a hearing will then be scheduled with a judge.