New Hampshire Guardianship Laws: Minors, Adults and Conservators

In New Hampshire, the probate court appoints a guardian of the person, a guardian of the estate, or both, for an adult under RSA chapter 464-A and for a minor under RSA chapter 463. For an adult, New Hampshire sets the highest proof standard in the statute itself: the petitioner must prove "beyond reasonable doubt that the proposed ward is incapacitated and in need of a guardian" (RSA 464-A:8, IV), and the right to a lawyer "shall be absolute and unconditional" (RSA 464-A:6, I).

New Hampshire uses one familiar word differently. Under RSA 464-A:2, III, a "conservator" is "a person who is appointed by the court to manage the estate of one who requests the appointment of a conservator," so a New Hampshire conservatorship is voluntary. When a court manages an adult's property without the adult's request, the role is guardian of the estate, and the person under guardianship is the "ward." For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Hampshire state law on guardianship of minors (RSA chapter 463), guardianship of adults and voluntary conservatorship (RSA chapter 464-A), the temporary-agent delegation (RSA 461-A:19-a), interstate guardianship (RSA chapter 464-C) and supported decision-making (RSA chapter 464-D). It does not cover parenting disputes between parents (see New Hampshire child custody laws), grandparent visitation (see New Hampshire grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see New Hampshire probate), child-protection cases under RSA 169-C, which run on a separate track with the Department of Health and Human Services, or civil commitment.

New Hampshire guardianship terms and where the law lives

Title XLIV of the Revised Statutes, "Guardians and Conservators," holds the chapters that matter here: chapter 463 (guardianship of minors and estates of minors), chapter 464-A (guardians and conservators), chapter 464-C (the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act) and chapter 464-D (supported decision-making). The adult chapter is New Hampshire's own law, dating to 1979.

Chapter 464-A defines incapacity narrowly:

"Incapacity" means a legal, not a medical, disability and shall be measured by functional limitations. ... All evidence of inability must have occurred within 6 months prior to the filing of the petition and at least one incidence of such behavior must have occurred within 20 days of the filing of the petition for guardianship. ... Isolated instances of simple negligence or improvidence, lack of resources or any act, occurrence or statement if that act, occurrence or statement is the product of an informed judgment shall not constitute evidence of inability to provide for personal needs or to manage property.

RSA 464-A:2, XI

The chapter's stated purpose includes "to impose protective orders only to the extent necessitated by the individual's functional limitations" (RSA 464-A:1). It defines the "least restrictive form of intervention" to mean "that the guardianship imposed on the ward represents only those limitations necessary to provide him or her with needed care and rehabilitative services, and that the ward shall enjoy the greatest amount of personal freedom and civil liberties consistent with his or her mental and physical limitations" (RSA 464-A:2, XIV).

How to get guardianship of a child in New Hampshire

The probate court has exclusive jurisdiction over appointing a guardian of the person, the estate, or both of any minor (RSA 463:4, I). Chapter 463 starts from the family: its purpose clause says "the interests of a minor are generally best promoted in the minor's own home unless the best interests of the minor require substitution or supplementation of parental care and supervision" (RSA 463:1).

Who may petition. "A minor 14 years of age or older, or any person or authorized agency interested in the welfare of the minor, may petition for appointment of a guardian of the person or of the estate or of both" (RSA 463:5, II). In guardianships of the person, except when an agency or institution is the proposed guardian, the court reviews the proposed guardian's criminal record and any founded complaints of child abuse or neglect in the state registry (RSA 463:5, VI(a)).

Notice to the parents. The orders of notice go by certified mail, return receipt requested, to both parents and to anyone alleged to have had principal care and custody of the minor during the 60 days before the petition, and by first-class mail to the minor if 14 or older and not the petitioner, among others the section lists (RSA 463:6, I).

The burden of proof, and what changes when a parent objects.

(a) Except as set forth in subparagraph (b), the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that a guardianship of the person is in the best interests of the minor. (b) If a parent objects to the establishment of the guardianship of the person requested by a non-parent, ... the burden of proof shall be on the petitioner to establish by clear and convincing evidence that the best interests of the minor require substitution or supplementation of parental care and supervision to provide for the essential physical and safety needs of the minor or to prevent specific, significant psychological harm to the minor. If guardianship is sought by the minor's grandparent as the result of the parent's substance abuse or dependence, the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that a guardianship of the person is in the best interests of the minor.

RSA 463:8, III

Grandparents and hearing attendance. If a parent's substance abuse or dependence is the basis for the petition, the court must give a preference to any grandparent of the child who seeks appointment as guardian (RSA 463:10, V). The orders of notice must state that parents with legal custody are required to attend the hearing whether consenting or objecting (RSA 463:6, II(c)), and a child 14 or older must attend unless the court excuses it (RSA 463:8, II). No one may be appointed guardian without written notice of the proceedings and written consent to the appointment (RSA 463:10, IV).

The child's voice. "The consent of the minor shall not be necessary for the appointment of a guardian, but the court shall in all cases ascertain the minor's preference, and give to it such weight as under the circumstances may seem just" (RSA 463:8, IV).

When a parent consents. A parent's consent "shall be executed by an instrument in writing, signed by the parent, in the presence and with the approval of the court of the county in which the case is pending," and the court must ensure the parent understands the right to contest the petition (RSA 463:8, IX).

What the guardian may decide. Except as a statute or court order expands or limits it, a guardian of the person of a minor "has the powers and responsibilities of a parent regarding the minor's support, care and education," but is not personally liable for the minor's expenses (RSA 463:12, I). The guardian may consent to medical care, but "no guardian may give consent for psychosurgery, electroshock, sterilization, or experimental treatment of any kind unless the procedure is first approved by order of the court" (RSA 463:12, III(d)).

What the parents keep. The appointment "shall not relieve the minor's parents or any other persons liable for the support of the minor from their obligation to provide for such support" (RSA 463:13, I). When the court sets parental visitation, "The presumption shall be in favor of liberal visitation rights absent a showing of harm to the minor" (RSA 463:13, III).

Court review. Every minor guardianship is reviewed "at 6, 12, and 24 months and annually thereafter," except that the court may waive any or all reviews where a parent or the parents are co-guardians, and in other cases may waive reviews after the 24-month review on good cause shown; the guardian files a report on or before each review date (RSA 463:17).

Emergency orders. Chapter 463 allows temporary orders, including ex parte orders on the showing RSA 463:7 requires. A party against whom ex parte orders issue may request a hearing, which "shall be held no later than 5 days after the request is received by the court," and "any ex parte order entered expires 30 days after the date of the order," unless extended pending notice on proof of a due and diligent effort to notify (RSA 463:7, I(a)).

When it ends. A minor guardianship ends on court order, the minor's death, the minor's 18th birthday, emancipation or an adoption decree, among the events RSA 463:15 lists. On a petition to terminate, the guardianship of the person ends "upon a showing, by a preponderance of the evidence, that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor and termination of the guardianship will not adversely affect the minor's psychological well-being" (RSA 463:15, V(a)). If the guardianship was established by consent, the burden shifts to the guardian to show by clear and convincing evidence that the substituted or supplemental care is still necessary to provide for the child's essential physical and safety needs and that ending the guardianship will adversely affect the child's psychological well-being (RSA 463:15, V(b)). That shift does not apply when a grandparent was appointed because of the parent's substance abuse or dependence; in that case the parent must show by a preponderance of the evidence that the substituted or supplemental care is no longer necessary and that ending the guardianship will not adversely affect the child's psychological well-being (RSA 463:15, V(c)).

Custody and parenting disputes between parents are separate proceedings; see New Hampshire child custody laws and New Hampshire grandparents' rights.

A child's money and property

Managing a minor's property takes a guardian of the estate, which is a separate appointment from guardian of the person. The guardian of the estate files an annual account "within 90 days after the anniversary date of the guardianship appointment unless otherwise ordered by the court" (RSA 463:19, V). If the net amount of a settlement to be paid to a minor while still a minor exceeds $10,000, superior court or district court approval is required, along with a certified statement from the probate court that the person receiving the money has been appointed guardian of the minor's estate (RSA 463:19-b, I).

Can a parent name a guardian in a will in New Hampshire?

A parent can nominate one, and the court decides. Under RSA 463:5, I, "Any person may nominate a guardian of the person or of the estate or of both of the person's minor child in a will, by petition, or by written consent to a petition by another. The judge of probate may, for cause, refuse to appoint a person so nominated." The nomination does not appoint anyone on its own; the nominee still goes through the chapter 463 process.

A parent on active military duty has a separate, short route. A service member ordered to active duty outside New Hampshire who has sole primary custody of the child, or is the child's guardian, may nominate a guardian in a document whose signature is witnessed by a third party and acknowledged before a notary public (RSA 463:18-a, V). The document "shall have the effect of an ex parte order appointing a temporary guardian under RSA 463:7, except that it shall expire 7 days after activation or when a guardianship has been granted by the court, whichever is sooner," and the nominee must petition for appointment within 7 days after activation (RSA 463:18-a, II).

Chapters 463, 464-A, 464-C and 464-D contain no general standby-guardian designation that lets an ill parent name someone to take over on a triggering event; the military-activation nomination in RSA 463:18-a is the closest provision.

Letting a relative care for a child without going to court

Since January 1, 2025, RSA 461-A:19-a, in the parental-rights chapter, allows a short delegation:

I. Except as provided in paragraph III, a parent or parents of a minor or a guardian or guardians of a minor or incapacitated person may appoint a temporary agent for a period not exceeding 60 days and may delegate to such agent any power that the parent or guardian has regarding the care, custody, or property of the minor child, ward, or incapacitated person, except the power to consent to marriage or the adoption of a minor.

RSA 461-A:19-a, I

The section sets these limits:

• Signing. The delegation must be "by a writing signed by, or at the direction of, the parent, parents, guardian, or guardians and attested by at least 2 witnesses 18 years of age or older, neither of whom is the temporary agent, together with the written acceptance of the temporary agent" (RSA 461-A:19-a, II).
• The other parent. "If there is no parenting plan in place, a parent or guardian may not appoint a temporary agent of a minor if the minor has another living parent whose whereabouts are known and who is willing and able to safely provide care and custody for the minor, unless the non-appointing parent consents to the appointment in writing" (RSA 461-A:19-a, III(a)). A parent or guardian under a parenting plan may appoint a temporary agent only if the appointment is effective during that parent's court-ordered parenting time and follows the plan (RSA 461-A:19-a, III(a)). The other-parent rule does not apply where the non-appointing parent is the subject of a protective order in the parenting plan, a domestic violence restraining order, an order of protection or bail conditions prohibiting contact with children, is under DCYF investigation or law-enforcement investigation for crimes related to children, is the subject of a DCYF safety plan, or is involved in an RSA 169-C case (RSA 461-A:19-a, III(b)).
• Who may not appoint. A parent whose parental rights have been terminated or who has signed a voluntary surrender may not appoint a temporary agent, and no parent or guardian may appoint one when a court has ordered the child placed in the custody of someone else, or when the parent is under DCYF investigation for child abuse or neglect and makes the appointment to avoid that investigation (RSA 461-A:19-a, III(c)).
• Changes. The appointing parent or guardian may revoke or amend the delegation and deliver it to all interested persons, and a court may limit or alter the temporary agent's authority (RSA 461-A:19-a, IV).
• Term. No more than 60 days.
• No court involved. The parent or guardian makes the delegation in writing; it is not a guardianship appointment by the probate court under chapter 463.

How to become guardian of an adult in New Hampshire

The petition

"Any relative, public official, or interested person, or any individual in his or her own behalf may file a verified petition for finding of incapacity and appointment of a guardian of a person and estate, or the person, or estate" (RSA 464-A:4, I). The petition must be accompanied by a statement of facts showing why a guardian is necessary, "including specific factual allegations as to the proposed ward's financial transactions, personal actions or actual occurrences which are claimed to demonstrate his or her inability to manage an estate, or to provide for personal needs for health care, food, clothing, shelter, or safety" (RSA 464-A:4, III).

Notice

The orders of notice "shall be given in language reasonably understandable by the proposed ward and shall be personally served on the proposed ward not less than 14 days before the date for the hearing set by the court," and must tell the proposed ward of the rights "to oppose the proceeding, to attend the hearing, to present evidence and to be represented by counsel" (RSA 464-A:5, I). The notice includes the statement: "Important: You have a right to contest this petition and to be represented by a lawyer. ... If you cannot afford to pay lawyer fees, they will be paid for you" (RSA 464-A:5, II). Copies also go by mail, at least 14 days before the hearing, to the persons the section lists, such as named relatives and the proposed guardian.

A lawyer for the proposed ward

I. The right to legal counsel for any person for whom a temporary guardian or guardianship of the person and estate, or person, or estate, is sought shall be absolute and unconditional. If the proposed ward does not have his or her own counsel, the court shall appoint counsel for the proposed ward immediately upon the filing of a petition ...

RSA 464-A:6, I

The right is unconditional, but it is not always free. "Appointed counsel shall inform the proposed ward that he or she shall be liable for attorney fees unless he or she is found indigent by the probate court" (RSA 464-A:6, II). Under RSA 464-A:43, court costs and counsel fees are generally charged to the proposed ward unless the petition was brought in bad faith, and the state bears them if the proposed ward is indigent, as that section provides. The court may also appoint a guardian ad litem (RSA 464-A:41).

The hearing

"If the proposed ward is within the state and able to attend, he or she must be present at the hearing unless excused under the provisions of this chapter" (RSA 464-A:8, I). The court may waive attendance when the petitioner or the proposed ward's counsel files a written statement at least 24 hours before the hearing (or later, up to the hearing, if the proposed ward first expressed the wish too late for that) indicating that the proposed ward does not express a desire to attend, and the statement must include "a physician's affidavit indicating that the overall physical, emotional, or psychological condition of the proposed ward is such that he or she is likely to suffer harm or that the proposed ward has no ability to understand the nature and consequences of the proceedings" (RSA 464-A:8, II). The affidavit "shall be evidence only of the proposed ward's inability to attend the hearing and shall not be considered in determining his or her incapacity" (RSA 464-A:8, III).

The hearing is closed "unless the proposed ward or counsel for the proposed ward otherwise requests" (RSA 464-A:8, VII). The rules of evidence apply, and hearsay not otherwise admissible in a court of law is excluded except as the chapter provides (RSA 464-A:8, IV).

Beyond a reasonable doubt

In such proceedings, there is a legal presumption of capacity, and the burden of proof shall be on the petitioner to prove the allegations set forth in the petition by competent evidence. Such proof must be established beyond reasonable doubt that the proposed ward is incapacitated and in need of a guardian.

RSA 464-A:8, IV

To appoint a guardian, the court must find in the record, "based on evidence beyond a reasonable doubt," all four of these (RSA 464-A:9, III):

1. "The person for whom a guardian is to be appointed is incapacitated; and"
2. "The guardianship is necessary as a means of providing continuing care, supervision, and rehabilitation of the individual, or the management of the property and financial affairs of the incapacitated person; and"
3. "There are no available alternative resources which are suitable with respect to the incapacitated person's welfare, safety, and rehabilitation or the prudent management of his or her property and financial affairs; and"
4. "The guardianship is appropriate as the least restrictive form of intervention consistent with the preservation of the civil rights and liberties of the proposed ward."

The court may appoint a guardian of the person, of the estate or of both, as requested in the petition, and "confer specific powers of guardianship on the proposed guardian," so a guardianship can be limited to the powers the court lists (RSA 464-A:9, III).

Rights the ward keeps

New Hampshire requires the court to name each right it removes:

No person determined to be incapacitated thus requiring the appointment of a guardian of the person and estate, or the person, or the estate, shall be deprived of any legal rights, including the right to marry, to obtain a motor vehicle operator's license, to testify in any judicial or administrative proceedings, to make a will, to convey or hold property, to contract, or to have access to or to grant release of his or her confidential records and papers, including medical records, except upon specific findings of the court. The court shall enumerate in its findings which legal rights the proposed ward is incapable of exercising.

RSA 464-A:9, IV

Since January 1, 2025, RSA 464-A:9, IV-a also addresses a ward's access to records: the guardian must provide records the ward requests within 10 days unless the court's order removed that right, as the paragraph provides. Within 10 days of the request the guardian may instead petition to amend the order to remove that right, and the court may do so only on a finding based on evidence beyond a reasonable doubt that the ward is incapable of exercising it (RSA 464-A:9, IV-a). Even where an order removed the right, a ward who files a motion to remove the guardian or to terminate or modify the guardianship may ask for access to the records (RSA 464-A:39, III-a; 464-A:40, II(c)).

Who serves as guardian

Section 464-A:10 does not rank relatives in order of priority; any person who agrees to serve may be considered, including family members, volunteers, professional guardians and the public guardianship and protection program, within the limits that section sets. An adult can choose ahead of time:

• Nomination. "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 persons, other than a public guardianship and protection program, to exclude from consideration (RSA 464-A:10, IV(a)).
• Effect. A qualified nominee 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," and the paragraph creates "a rebuttable presumption that the person nominated as guardian shall be so appointed" (RSA 464-A:10, IV(c), (e)).
• Exclusion. "Under no circumstances shall the court appoint as guardian a person excluded from consideration by name in the instrument" (RSA 464-A:10, IV(d)).

What a New Hampshire guardian can decide

A guardian of the person has custody of the ward and sets the ward's place of abode, among the powers in RSA 464-A:25. Medical decisions depend on what the court has authorized:

(d) A guardian of the person may give any necessary consent or approval to enable the ward to receive medical or other professional care, counsel, treatment, or service or may withhold consent for a specific treatment, provided, that the court has previously authorized the guardian to have this authority ... No guardian may give consent for psychosurgery, electro-convulsive therapy, sterilization, or experimental treatment of any kind unless the procedure is first approved by order of the probate court.

RSA 464-A:25, I(d)

Except as the court modifies these powers, a guardian may authorize a health care provider to restrain or forcibly administer treatment, or both, subject to any limitations the court imposes (RSA 464-A:25, I(g)), and on a finding that ensuring treatment compliance is in the ward's best interest the court may authorize the guardian to request law-enforcement assistance to restrain or transport the ward to receive treatment (RSA 464-A:25, I(f)).

The guardian must also "act with respect to the ward in a manner which safeguards to the greatest extent possible the civil rights of the ward, and shall restrict the personal freedom of the ward only to the extent necessary" (RSA 464-A:25, I(h)).

Admission to a state institution or other designated receiving facility is tightly controlled. RSA 464-A:25 sets two routes: prior probate-court approval, or admission on written certification by a licensed physician, advanced practice registered nurse or physician associate (for New Hampshire Hospital or another designated receiving facility, a psychiatrist, a psychiatrist-supervised physician associate or an advanced practice registered nurse), followed by notice to the court within 36 hours, excluding days the court is closed, and court review, as the section provides. Either way, a guardian "may not admit a ward to a state institution or other designated receiving facility for more than 60 days for any single admission or more than 90 days in any 12-month period" on certification alone "without filing a petition requesting approval of the probate court" (RSA 464-A:25).

Guardian of the estate and voluntary conservatorship

Guardian of the estate. Every guardian gives a bond with sufficient sureties, but "In the discretion of the judge of probate, a bond without sureties may be given if the gross value of the ward's estate does not exceed $10,000 or the guardianship is only of the person of an incapacitated person or a minor." Unless the court decides otherwise, the bond equals "the aggregate capital value of the property of the estate in the guardian's control, plus one year's estimated income," minus the value of assets deposited under arrangements that require a court order for their removal and the value of land the guardian lacks power to sell or convey without court authorization (RSA 464-A:21). "Every guardian shall be allowed a reasonable compensation for all proper expenses and services in the discharge of the guardianship" (RSA 464-A:23). A guardian of the estate files an inventory in the same manner as inventories of decedents' estates under RSA 554 (RSA 464-A:22). Except as limited by statute or court order, the guardian of the estate may perform without court authorization the acts a prudent person would perform for the purposes of the guardianship (RSA 464-A:26, II); the probate judge may license the guardian to sell, mortgage, pledge, lease or exchange the ward's property (RSA 464-A:27, I), and a guardian may not buy the ward's property or sell the guardian's own property to the ward unless the court approves the price and manner of sale (RSA 464-A:27, II). Subject to RSA 464-A:26, V, the guardian of the estate files an annual account under oath within 90 days after the anniversary of the appointment, or is in default, and sends the ward and parties of record a copy with notice that the account may be approved unless a written objection is filed within 30 days (RSA 464-A:36).

Voluntary conservatorship. "When a person deems himself unfit by reasons of mental or physical disability for the prudent management of his property and financial affairs, he may apply to the probate court for the appointment of a conservator of his property" (RSA 464-A:13, I). The court holds a hearing to confirm that the application and the choice of conservator are voluntary, and the conservator gives a bond. The arrangement ends on the protected person's own request: "At any time upon petition signed by the protected person, the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the protected person" (RSA 464-A:16).

Reports to the court

"A guardian of the person shall file an annual report with the court within 90 days after the anniversary date of the guardian's appointment, or be in default" (RSA 464-A:35, I). The report covers the ward's medical changes, hospitalizations, living situation, a plan for the coming year and whether the guardianship should continue, and a copy goes to the ward. The court must also "annually notify the ward that the ward has the right to seek alteration or termination of the guardianship at any time" (RSA 464-A:38).

Temporary guardianship in an emergency

A temporary guardianship for an adult is narrow. "The appointment shall be limited to the performance of duties respecting specific property, or to the performance of particular acts necessary to prevent immediate serious physical or mental harm to the proposed ward or immediate serious physical harm to others," and "No term of temporary guardianship shall exceed 60 days, unless for good cause shown and within the discretion of the court" (RSA 464-A:12, II).

The proposed ward's right to counsel applies here too (RSA 464-A:6, I). "If the counsel for the proposed ward or the proposed ward opposes the appointment of a temporary guardian under this section, the court may not appoint said temporary guardian without a hearing pursuant to RSA 464-A:8 and without findings pursuant to RSA 464-A:9" (RSA 464-A:12, IV), which brings in the beyond-a-reasonable-doubt standard.

How a New Hampshire guardianship ends or rights are restored

A guardianship ends on court order or the ward's death, or on a finding that the ward is no longer incapacitated or that the ward's needs are met by available alternative resources, as RSA 464-A:40 provides. The ward or any interested person may move to end it, subject to any waiting period of up to one year that the adjudication order sets for filing without the court's leave.

The ward does not need a formal motion: "A ward may request the termination of the guardianship based on a finding that he or she is no longer incapacitated in an informal letter to the court or judge" (RSA 464-A:40, II(b)). The burden then falls on the guardian:

(d) Unless the motion is without merit, the court shall hold a hearing similar to that provided for in RSA 464-A:8 and RSA 464-A:9 at which the guardian shall be required to prove that the grounds for appointment of a guardian provided in RSA 464-A:9 continue to exist.

RSA 464-A:40, II(d)

Alternatives to guardianship in New Hampshire

Because the court must find that "There are no available alternative resources which are suitable" before appointing a guardian (RSA 464-A:9, III(c)), the definition of those resources matters:

"Available alternative resource" means alternatives to guardianship including, but not limited to, services such as visiting nurses, homemakers, home health aides, adult day care and multipurpose senior citizen centers; powers of attorney, supported decision-making agreements such as those authorized by RSA 464-D, representative and protective payees; and board and care residential care facilities.

RSA 464-A:2, II

Supported decision-making agreements. RSA chapter 464-D, effective October 9, 2021, creates a less restrictive alternative to guardianship for adults with disabilities. An agreement "is only valid if all of the following occur": it is in a writing containing the elements of the statutory form in RSA 464-D:16; it is dated; it is "signed in the presence of 2 adult witnesses, or before a notary public, justice of the peace, or commissioner of deeds"; and each party signs voluntarily and with an understanding of its nature and effect (RSA 464-D:7, III). The two witnesses may not be a supporter named in the agreement, a supporter's employee or agent, a paid provider of services to the adult unless an immediate family member, or a person who does not understand the adult's means of communication unless someone who does is present, and each supporter signs a separate declaration (RSA 464-D:7, IV, V). A decision made with a supporter's help "shall be recognized for the purposes of any provision of law as the decision or request of the principal" (RSA 464-D:11), and signing an agreement "may not be used as evidence of incapacity in any proceeding" (RSA 464-D:3, III). Supporters do not sign for the adult or bind the adult.

Powers of attorney. Powers of attorney appear on the statutory list of alternative resources. They must be signed while the person still has capacity; the signing rules are on our New Hampshire power of attorney laws page. Free drafting tools are available for a New Hampshire power of attorney and a New Hampshire advance directive; a tool is not legal advice, and any document must be signed under the New Hampshire rules described on the power of attorney page.

Family decisions about medical care. RSA 137-J:35 lets a surrogate make medical decisions for a patient "without court order or judicial involvement," in an order of priority that begins with the patient's spouse, civil union partner or common law spouse (unless a divorce proceeding, separation agreement or restraining order limits that relationship), then any adult son or daughter, either parent, and any adult brother or sister, and continues through the further relatives and others the section lists. The section applies when no health care agent or legal guardian is available, under the conditions it sets. A surrogate may not be identified over the patient's express objection, and the surrogate's authority ends if the patient regains capacity or a guardian is appointed, and after 180 days unless the patient is determined to be actively dying (RSA 137-J:37, I, V).

Federal benefits. Social Security decides for itself whether representative payment is in a beneficiary's interest and appoints its own payee, and a legal guardian is one person it may choose rather than an automatic payee (20 C.F.R. § 404.2001); the guardianship hub covers the federal layer.

Moving to or from New Hampshire with a guardianship

Adults. New Hampshire enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (2007) as RSA chapter 464-C, effective January 1, 2016. "A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state" (RSA 464-C:16, I). For a move in, if a guardian has been appointed in another state and no guardianship petition is pending in New Hampshire, the out-of-state guardian, after giving notice to the appointing court of an intent to register, "may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office" (RSA 464-C:18).

Minors. A guardian appointed by a foreign court for a minor who has become a New Hampshire resident, or who intends to move here, has the guardianship powers in the appointing order "with full faith and credit, for a period of time not exceeding 120 days following the date of the ward's residence in this state" (RSA 463:32-b, I). The guardianship continues beyond that period if a transfer petition is filed within the 120 days, as the section provides.

Recent changes

• Effective June 17, 2025: 2025, chapter 105 amended RSA 464-A:25 (the guardian of the person's powers).
• Effective January 1, 2025: 2024, chapter 309 created the 60-day temporary-agent delegation in RSA 461-A:19-a. 2024, chapter 265 amended RSA 464-A:9 (findings and retained rights), 464-A:39 and 464-A:40 (termination). 2024, chapter 81 amended RSA 463:12 (powers of a minor's guardian).
• Effective October 9, 2021: The supported decision-making chapter, RSA 464-D, took effect under 2021, chapter 206, which also amended RSA 464-A:2 and 464-A:40.

New Hampshire guardianship at a glance

Related New Hampshire pages

• Guardianship laws by state
• New Hampshire power of attorney laws
• New Hampshire child custody laws
• New Hampshire grandparents' rights
• New Hampshire probate

This article provides general legal information about New Hampshire guardianship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in New Hampshire or the probate court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

What is the burden of proof for adult guardianship in New Hampshire?

Beyond a reasonable doubt. The petitioner must prove beyond reasonable doubt that the proposed ward is incapacitated and in need of a guardian, against a legal presumption of capacity (RSA 464-A:8, IV), and the court must also find, on that standard, that no suitable alternative resources are available and that guardianship is the least restrictive form of intervention (RSA 464-A:9, III).

Does the person get a lawyer in a New Hampshire guardianship case?

Yes. The right to counsel is absolute and unconditional, and if the proposed ward has no lawyer the court appoints one immediately when the petition is filed (RSA 464-A:6, I). Appointed counsel must tell the proposed ward that he or she is liable for the fees unless found indigent by the probate court (RSA 464-A:6, II).

How do I get guardianship of my grandchild in New Hampshire?

Any person interested in the child's welfare may petition the probate court (RSA 463:5, II), and both parents receive notice by certified mail (RSA 463:6, I). If a parent objects, a non-parent must prove by clear and convincing evidence that the child's best interests require substitute or supplemental care, but a grandparent seeking guardianship because of a parent's substance abuse or dependence proves best interests by a preponderance of the evidence (RSA 463:8, III).

Can I let a relative care for my child in New Hampshire without going to court?

A parent may appoint a temporary agent for up to 60 days by a writing attested by at least 2 witnesses aged 18 or older, neither of them the agent, with the agent's written acceptance; the power to consent to marriage or adoption cannot be delegated (RSA 461-A:19-a). If there is no parenting plan and the other parent is known, willing and able to care for the child safely, that parent must consent in writing, subject to exceptions such as protective orders; a parent under a parenting plan may appoint one only for that parent's court-ordered parenting time, and a parent whose rights were terminated or surrendered may not appoint one (RSA 461-A:19-a, III).

Is a conservator the same as a guardian in New Hampshire?

No. In New Hampshire a conservator manages the property of a person who asks for the appointment, so conservatorship is voluntary and ends when the protected person petitions to end it (RSA 464-A:2, III; 464-A:13; 464-A:16). An involuntary property appointment is a guardian of the estate.

Does a child have to agree to a guardianship in New Hampshire?

No. The minor's consent is not necessary, but the court must in all cases ascertain the minor's preference and give it the weight that seems just (RSA 463:8, IV). A minor 14 or older may also petition for a guardian (RSA 463:5, II).

How long does an emergency guardianship last in New Hampshire?

An adult temporary guardianship may not exceed 60 days unless the court finds good cause, and it is limited to specific property or acts needed to prevent immediate serious harm (RSA 464-A:12, II). An ex parte temporary order for a minor expires 30 days after entry unless extended on proof of diligent efforts to give notice (RSA 463:7, I(a)).

How can a ward end a guardianship in New Hampshire?

A ward may ask by informal letter to the court or judge, and unless the request is without merit the court holds a hearing at which the guardian must prove the grounds for guardianship still exist (RSA 464-A:40, II(b), (d)). The court also notifies the ward every year of the right to seek alteration or termination at any time (RSA 464-A:38).