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RSA 135-C:45-a · Appointment of Limited Guardian

Title
X: PUBLIC HEALTH
Chapter
135-C · NEW HAMPSHIRE MENTAL HEALTH SERVICES SYSTEM
Status
current
Official source linked
Yes
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135-C:45-a Appointment of Limited Guardian. –

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I.

In any case in which the petition includes a request for appointment of a guardian, the court shall also determine whether to appoint a guardian over the person for the purpose of providing health care. There shall be a legal presumption of capacity, and the burden of proof shall be on the petitioner to prove beyond a reasonable doubt that the respondent is incapacitated and in need of a guardian.

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II.

At the hearing, the court shall:

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(a)

Inquire into the nature and extent of the functional limitations of the respondent; and

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(b)

Ascertain his or her capacity to care for himself or herself with respect to his or her health care.

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III.

If it is determined that the respondent possesses the capacity to care for himself or herself regarding health care, then the court shall deny the request for appointment of a guardian.

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IV.

Alternatively, the court may appoint a guardian of the person with respect to health care as requested in the petition and confer specific powers of guardianship on the proposed guardian after finding in the record based on evidence beyond a reasonable doubt that:

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(a)

The person for whom a guardian is to be appointed is incapacitated; and

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(b)

The guardianship is necessary as a means of providing appropriate health care for the incapacitated person; and

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(c)

There are no available alternative resources which are suitable with respect to the incapacitated person's welfare, safety, and rehabilitation; and

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(d)

The guardianship is appropriate as the least restrictive form of intervention consistent with the preservation of the civil rights and liberties of the respondent.

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V.

If a guardian is appointed, letters of guardianship shall be issued, as provided in RSA 464-A:11.

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VI.

Except as modified by order of the court, a guardian appointed under this chapter shall have the powers and duties set forth in RSA 464-A:25, I(d).

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VII.

The provisions of RSA 464-A:10 shall govern who may be a guardian.

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VIII.

Upon appointment, the guardian shall give bond to the court as provided in RSA 464-A:21.

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IX.

Compensation to the guardian shall be allowed as provided in RSA 464-A:23.

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X.

The provisions of RSA 464-A:24 shall govern the appointment of agents by guardians.

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XI.

The guardian shall file biennial reports as provided in RSA 464-A:35, give annual notice to the ward as provided in RSA 464-A:38, file a final accounting report as provided in RSA 464-A:40, and be subject to the provisions and sanctions of RSA 464-A:37 for failure to make or file any report within the time provided by law.

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XII.

The provisions of RSA 464-A:39 shall govern the removal or resignation of the guardian.

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XIII.

The guardian may at any time file a petition pursuant to RSA 464-A:4 for a finding of incapacity and expansion of his or her authority over the person or estate of the ward. Such a proceeding shall be governed by the provisions of RSA 464-A. Source. 1992, 218:6. 2005, 67:2, eff. Jan. 1, 2006.

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Source note

Source. 1992, 218:6. 2005, 67:2, eff. Jan. 1, 2006.

Source history

  • 1992, 218:6
  • 2005, 67:2, eff. Jan. 1, 2006

Related materials

Bill relationships

  • 2026 HB1642 reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

  • 2026 HB1642-FN reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

  • 2026 HB1790 reference · effective 2027-01-01

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 135-C to include substance use disorder (SUD) in the definition of “mental illness” for purposes of involuntary emergency admission and non-emergency involuntary admission to a receiving facility. As a result, individuals wh

  • 2026 HB1790-FN reference · effective 2027-01-01

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 135-C to include substance use disorder (SUD) in the definition of “mental illness” for purposes of involuntary emergency admission and non-emergency involuntary admission to a receiving facility. As a result, individuals wh

  • 2026 SB142 reference · effective 2026-01-01

    state facility that is for or that includes detained or adjudicated youth. (q) Special education programs under RSA 186-C:20. (r) Children’s behavioral health services under RSA 135-C and 135-F. (s) Any other program, service, or facility previously administered or managed by the department of health and human services according to any law whose powers and duties have been transferred under this ch

  • 2026 SB142-FN reference · effective 2026-01-01

    state facility that is for or that includes detained or adjudicated youth. (q) Special education programs under RSA 186-C:20. (r) Children’s behavioral health services under RSA 135-C and 135-F. (s) Any other program, service, or facility previously administered or managed by the department of health and human services according to any law whose powers and duties have been transferred under this ch

  • 2026 SB555 reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

  • 2026 SB555-FN reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

  • 2025 HB2 reference

    1-E:28. In the event these funds are not fully expended for this population, the department shall have the authority to use said funds to fund services for individuals served under RSA 171-A, RSA 161-F:52, and RSA 135-C. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. 141:434 Effective Date. Sections 432 and 433 of this act shall take effect September 30,