CHAPTER 132
SB 53 – FINAL VERSION
2009 SESSION
05/09
SENATE BILL 53
AN ACT establishing professional guardians and removing the oath requirement in annual reports of the guardian.
This bill provides for the appointment of professional guardians and removes the requirement that annual reports of the guardian be signed under oath.
This bill is a request of the supreme court.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0938
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing professional guardians and removing the oath requirement in annual reports of the guardian.
Be it Enacted by the Senate and House of Representatives in General Court convened:
132:1 New Paragraph; Definition of Family Guardian Added. Amend RSA 464-A:2 by inserting after paragraph VI-a the following new paragraph:
VI-b. “Family guardian” means a competent person who provides guardianship services to a ward and who is related to the ward by blood, adoption, marriage, or civil union. The guardian may receive reimbursement of expenses and a reasonable stipend with court approval.
132:2 New Paragraph; Definition of Professional Guardian Added. Amend RSA 464-A:2 by inserting after paragraph XIV-a the following new paragraph:
XIV-b. “Professional guardian” means a competent person who provides guardianship services for a fee to a ward and who is not related to the ward by blood, adoption, marriage, or civil union. To be eligible for appointment, a professional guardian shall meet criteria established by the administrative judge of the probate court.
132:3 New Paragraph; Definition of Volunteer Guardian Added. Amend RSA 464-A:2 by inserting after paragraph XV the following new paragraph:
XV-a. “Volunteer guardian” means a competent person who provides guardianship services to no more than 2 wards at the same time and who is not related to the ward by blood, adoption, marriage, or civil union. The guardian may receive reimbursement of expenses and a reasonable stipend with court approval.
132:4 Who May Be Guardian. RSA 464-A:10 is repealed and reenacted to read as follows:
464-A:10 Who May be Guardian.
I. Any person who agrees to so serve may be appointed guardian of the person and estate, or the person, or the estate including:
(a) A family guardian or volunteer guardian;
(b) A professional guardian; or
(c) A public guardianship and protection program as described in RSA 547-B.
II. A bank having trust powers or a trust company may be appointed guardian of the estate.
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.
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.
(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.
(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.
(d) Under no circumstances shall the court appoint as guardian a person excluded from consideration by name in the instrument.
(e) This paragraph shall be construed to create a rebuttable presumption that the person nominated as guardian shall be so appointed.
(f) This paragraph shall not be construed to limit the ability of the court to remove any guardian appointed under this chapter.
132:5 Annual Report of Guardian of the Person. Amend the introductory paragraph of RSA 464-A:35, I to read as follows:
I. A guardian of the person shall file an annual report [under oath] with the court within 90 days after the anniversary date of the guardian’s appointment, or be in default. The register of probate shall give notice of the default to the guardian by first class mail within 10 days after the default. The register of probate shall issue a citation notice in accordance with RSA 548:5-a. The report shall contain a brief summary of the present status of the ward including, but not limited to:
132:6 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 29, 2009
Effective Date: August 28, 2009