HB 426 – AS AMENDED BY THE HOUSE
6Mar2013… 0410h
2013 SESSION
09/01
HOUSE BILL 426
AN ACT relative to payment of costs and fees in guardianship cases.
SPONSORS: Rep. Weber, Ches 1; Rep. Wall, Straf 6
This bill establishes criteria for payment of certain fees and court costs in guardianship cases.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2013… 0410h
13-0573
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to payment of costs and fees in guardianship cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Guardianship Cases; Costs and Fees. RSA 464-A:43, I and II are repealed and reenacted to read as follows:
I. Except in cases in which the petitioner filed the petition in bad faith, the court costs, expenses, and fees for counsel for the proposed ward and any resource person shall be borne by the proposed ward. In cases in which the petitioner acted in bad faith, the petitioner shall bear all such costs, expenses, and fees of the proceeding. The court may allow for payment of the costs, expenses, and fees of counsel for the petitioner from the assets of the ward, provided:
(a) The court has granted the petition to establish the guardianship;
(b) The awarding of costs, expenses, and legal fees from the assets of the ward will not cause undue financial hardship to the ward; and
(c) The costs, expenses, and legal fees incurred are reasonable and were necessary to protect the health, safety, welfare, or other personal; property, or financial interests of the ward or the ward's estate.
II. If the proposed ward is indigent, the costs, expenses, and legal fees for counsel for the proposed ward and any resource person incurred that are related to the petition for guardianship proceeding shall be borne by the state.
2 Effective Date. This act shall take effect January 1, 2014.