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RSA 464-A:3 · Jurisdiction and Venue

Title
XLIV: GUARDIANS AND CONSERVATORS
Chapter
464-A · GUARDIANS AND CONSERVATORS
Status
current
Official source linked
Yes
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464-A:3 Jurisdiction and Venue. –

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I.

The probate court shall have exclusive jurisdiction over the appointment of a guardian of the person or of the estate or of both of any incapacitated person.

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II.

(a) Except as provided in RSA 464-A:25, I(a), venue for guardianship proceedings for a proposed ward is in the county where the proposed ward resides, or the county in which the proposed ward is physically present when the proceedings are commenced.

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(b)

If the proposed ward is admitted to an institution pursuant to an order of a court of competent jurisdiction, or is a resident of an institution for a period of at least one year, venue is also in the county in which that institution is located.

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(c)

In proceedings to create a guardianship of the estate containing real property, venue may also be in a county in which the real property, or a portion thereof, of the proposed ward is located. Source. 1979, 370:1. 1981, 564:1. 1993, 152:2. 1998, 155:2. 2010, 288:2, eff. Jan. 1, 2011.

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Source note

Source. 1979, 370:1. 1981, 564:1. 1993, 152:2. 1998, 155:2. 2010, 288:2, eff. Jan. 1, 2011.

Source history

  • 1979, 370:1
  • 1981, 564:1
  • 1993, 152:2
  • 1998, 155:2
  • 2010, 288:2, eff. Jan. 1, 2011

Related materials

Bill relationships

  • 2025 HB2 reference

    r adults with a disability as defined in RSA 151-E:24 with discharge from a hospital setting to a less restrictive setting may seek to have a guardian or conservator appointed by the probate court, pursuant to RSA 464-A, for any older adult or adult with a disability who: (a) Requires an alternative decision maker to assist with discharge; (b) Is deemed incapacitated by a court of competent jurisdiction; and (c) Cannot secure

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