Guardianship Information

Guardianship

Parents are guardians of their children until they turn 18. Once they turn 18, they are entitled to make all of their own decisions regarding where they live, how to manage their money, and any decisions about their health care. If a young person cannot make these decisions, the courts can appoint a guardian to help them. An appointed guardian may be a parent, another family member, a friend, or someone from the Public Guardians Office.

A guardian is appointed when a person cannot process information and then recognize the consequences of their choices. A guardian can be appointed for different areas of a young person’s life. For instance, a guardian who looks after an “estate.” This would involve finances and any legal documents or contracts that may need to be signed. Someone may also be appointed as “Guardian of the Person”. This means that the guardian would make decisions about things such as medical care and living arrangements. A guardian could be appointed over both areas of the person’s life.

If you have questions about the guardianship process or forms, call the Information Center at 1-855-212-1234. If you are in need of a public/professional guardian, please view the list here:
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/inline-documents/sonh/2024countychartforgdns.pdf 

You may also be able to obtain information from a mental health center or an attorney. You should contact your county probate court office to obtain the forms to file for guardianship.

Temporary Guardianship

It is possible for someone to request guardianship for a temporary period of time. This is usually done under the Emergency Temporary Guardianship guidelines and will cover a 60-day period. This may be helpful during a crisis situation when a person may not be able to make a safe decision. The goal would always be to return guardianship to the individual as soon as they are able to make those decisions themselves.

Power of Attorney

A person may choose to give Power of Attorney to someone if they would like them to be able to make decisions on their behalf regarding medical and/or financial concerns. This is a contract between two people and does not involve the courts. You can also cancel this agreement at any time for any reason. Most Power of Attorney agreements are prepared by a lawyer. A “Health Care Power of Attorney” form can usually be obtained from the hospital.

Less Restrictive Alternatives

The law says the court should only appoint a guardian if there are no available alternative resources to make sure the person stays safe, well, and gets the services they need and that their property and money are handled prudently. Some alternatives include:

• A mentor—Someone to assist in decision-making.
• A representative payee for Social Security – This person receives a person’s Social Security on their behalf and assists them in money management.
• Revocable Power of Attorney. A person may choose to give Power of Attorney to someone if they would like them to be able to make decisions on their behalf regarding medical and/or financial concerns. This is a contract between two people and does not involve the courts. This agreement can be canceled at any time for any reason. A lawyer prepares most Power of Attorney agreements. A “Health Care Power of Attorney” form can usually be obtained from a hospital.