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  • New Hampshire Motion to Terminate Guardianship- Efiling Only

New Hampshire Motion to Terminate Guardianship- Efiling Only

Category:
Statewide - Probate Court - General
State:
New Hampshire
Control #:
NH-SKU-0782
Format:
PDF
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Description

Motion to Terminate Guardianship

New Hampshire Motion to Terminate Guardianship-E filing Only is a legal process for ending the authority of a guardian over a ward. It allows a guardian to end his/her guardianship of a ward without having to appear in court. The filing option, which is available in New Hampshire, makes the process easier, faster, and less expensive. The types of New Hampshire Motion to Terminate Guardianship-E filing Only are: Voluntary Termination, Involuntary Termination, and Resignation. Voluntary Termination occurs when the guardian and the ward agree to end the guardianship. Involuntary Termination is initiated by the court or another party, such as a parent or guardian ad item. Resignation is when the guardian voluntarily resigns from their guardianship duties.

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FAQ

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.

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.

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.

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.

In New Hampshire, the two main types of guardianship are guardianship of the person and guardianship of the estate. The difference between the two is what the guardianship controls. The guardianship of the person is over the ward and the guardianship of the estate is over the ward's property.

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