RSA 464-A:10 · Who May be Guardian

464-A:10 Who May be Guardian. –

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I.

Any person who agrees to so serve may be appointed guardian of the person and estate, or the person, or the estate including:

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(a)

A family guardian or volunteer guardian;

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(b)

A professional guardian; or

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(c)

A public guardianship and protection program as described in RSA 547-B.

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II.

A bank having trust powers or a trust company may be appointed guardian of the estate.

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III.

An institution or agency providing care and custody of the incapacitated person may not be appointed guardian, unless no one else can be found to serve as guardian; then an employee of the institution or agency may be appointed guardian if he or she does not provide direct care to the proposed ward, provided that the court makes a specific finding that such appointment presents no substantial risk of a conflict of interest.

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IV.

(a) Any competent person may nominate one or more persons to be guardian of his or her person or estate, or both his or her person and estate, and one or more substitutes in case of a nominee's inability to serve by a written instrument, executed in accordance with the requirements of RSA 477:9, and may name in such instrument any persons, other than a public guardianship and protection program, the person wishes to exclude from consideration as guardian.

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(b)

Such nomination and exclusion shall continue until revoked, shall be effective for guardianships and temporary guardianships under RSA 464-A:12, and shall survive the subsequent mental or physical disability or incompetence of the signer.

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(c)

A qualified person nominated as guardian who is willing to serve shall be appointed unless the court finds that such person would not be able to carry out the reasonably foreseeable duties of a guardian in the particular circumstances.

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(d)

Under no circumstances shall the court appoint as guardian a person excluded from consideration by name in the instrument.

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(e)

This paragraph shall be construed to create a rebuttable presumption that the person nominated as guardian shall be so appointed.

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(f)

This paragraph shall not be construed to limit the ability of the court to remove any guardian appointed under this chapter. Source. 1979, 370:1. 1981, 564:6. 1983, 409:5. 1989, 235:1. 2009, 132:4, eff. Aug. 28, 2009.

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