RSA 464-A:39 · Resignation, Removal, or Death of Guardian

464-A:39 Resignation, Removal, or Death of Guardian. –

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I.

Any person appointed as guardian of the person or an estate or both shall serve until:

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(a)

His or her resignation is accepted by the court;

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(b)

He or she dies;

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(c)

The court finds removal of the guardian to be in the ward's best interests; or

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(d)

The guardianship is terminated pursuant to this section or RSA 464-A:40.

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II.

A guardian seeking to resign shall file a motion for court approval of the resignation. Resignation of a guardian is not effective until accepted by the court and a successor guardian is appointed or the guardianship is terminated.

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III.

The ward or any person interested in the ward's welfare may file a motion for the removal of the guardian of the person or the estate or both, if removal would be in the ward's best interests. III-a. Notwithstanding an order pursuant to RSA 464-A:9, IV depriving the ward of his or her rights to access or grant release of his or her confidential records, upon the ward's filing a motion to remove the guardian, the ward may request authority to access and grant release of his or her confidential records. No sooner than 10 days following the filing of such request to access or grant release of records, the court shall issue an order granting the ward access to and the ability to release his or her confidential records, including financial and medical records. In the event the guardian or an interested party files an objection to the ward's access or release of such records, the court shall schedule a hearing on the matter. Unless the guardian or interested party establishes, beyond a reasonable doubt, that authorizing the ward to access or grant release of his or her confidential records and papers, including medical records, would be harmful to the interests of the ward, the court shall issue an order granting the ward access to and the ability to release his or her confidential records, including financial and medical records.

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IV.

The guardianship shall not terminate with the resignation, removal, or death of the guardian, unless the court order expressly terminates the guardianship. If the guardianship is not terminated, the court shall appoint a successor guardian.

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V.

The resignation accepted by the court, removal, death of the guardian, or termination of the guardianship shall terminate the authority of the guardian, but shall not release the guardian from responsibility for any act or omission occurring during the period of the guardian's appointment.

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VI.

Any resignation or removal may be conditioned on such requirements or occurrences as the court may specify in the exercise of its reasonable discretion. The court may make such further orders as may be appropriate, including requiring a final account. Source. 1979, 370:1. 2001, 146:6, eff. Jan. 1, 2002. 2024, 265:3, eff. Jan. 1, 2025.

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