Guardianship of a Child or Adult in New Hampshire

A minor 14 or older, or anyone interested in the minor's welfare, may file a verified petition in probate court for a guardian of the person, estate or both, stating specific facts showing guardianship is in the minor's best interest. The court reviews the proposed guardian's criminal and child-abuse registry records. The petitioner must prove by a preponderance of the evidence that guardianship is in the child's best interest; if a parent objects, the petitioner must prove by clear and convincing evidence that substituting for parental care is needed for the child's essential physical and safety needs or to prevent specific, significant psychological harm (a preponderance standard applies to grandparents petitioning because of a parent's substance abuse). A minor 14 or older must attend the hearing unless excused, and the court considers the minor's preference.

The probate court must inquire into the person's functional limitations and capacity, and dismiss the petition if the person can care for himself or herself or the estate. A guardian may be appointed only on findings beyond a reasonable doubt that the person is incapacitated, guardianship is necessary for continuing care or financial management, no suitable alternative resources are available, and guardianship is the least restrictive form of intervention. A ward keeps legal rights such as marrying, driving, making a will, contracting and accessing records unless the court specifically finds otherwise.