Obtaining guardianship or conservatorship over an aging loved one, a disabled individual or a child can make a positive difference in the protected individual’s life. However, it can also be a complex process.
Guardianships allow someone to make personal, financial or medical decisions for a person who cannot manage their own affairs. Heeding established advice about the legal requirements can help you successfully navigate this process.
Determine the type of guardianship or conservatorship
New Hampshire law provides different types of guardianship. Guardianship of the person grants authority to make decisions about daily living, healthcare and personal matters. Guardianship of the estate gives authority to manage the individual’s financial affairs. For someone with significant medical or financial needs, both types of guardianship might be necessary. Conservatorship deals strictly with financial management. When seeking guardianship over a loved one, be clear about the specific needs of the person you are trying to help.
Demonstrate incapacity or necessity
New Hampshire courts require proof that the individual in question cannot make informed decisions due to their age, disability or other factors. This may require obtaining medical evaluations or other evidence that shows the individual is unable to care for themselves or manage their financial affairs. For children, the court may evaluate whether their parents are unable to care for them.
Prepare for court hearings
The process of obtaining guardianship or conservatorship involves filing a petition with the probate court in New Hampshire. After filing, the court schedules a hearing where the judge evaluates the evidence and listens to witnesses. Prepare to explain why guardianship or conservatorship is necessary, and be ready to discuss how you plan to manage the individual’s personal or financial needs.
The court’s priority is ensuring that guardianship or conservatorship serves the best interest of the individual. Be prepared to show that your involvement will benefit their health, safety and overall well-being. Whether dealing with a child, aging parent or disabled person, showing compassion and responsibility is key to gaining the court’s approval.