There is a newer version
of
this Section
2018 New Hampshire Revised Statutes
Title LVI - Probate Courts and Decedents' Estates
Chapter 564-E - Uniform Power of Attorney Act
Section 564-E:108 - Nomination of Guardian; Relation of Agent to Court-Appointed Fiduciary.
Universal Citation: NH Rev Stat § 564-E:108 (2018)
564-E:108 Nomination of Guardian; Relation of Agent to Court-Appointed Fiduciary. –
(a) In a power of attorney, a principal may nominate a guardian of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
(b) If, after a principal executes a power of attorney, a court appoints a conservator or guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property:
(1) the agent is accountable to the fiduciary as well as to the principal;
(2) the power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court; and
(3) The fiduciary shall have the same power as the principal to revoke, suspend, or terminate all or any part of such power of attorney.
(a) In a power of attorney, a principal may nominate a guardian of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
(b) If, after a principal executes a power of attorney, a court appoints a conservator or guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property:
(1) the agent is accountable to the fiduciary as well as to the principal;
(2) the power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court; and
(3) The fiduciary shall have the same power as the principal to revoke, suspend, or terminate all or any part of such power of attorney.
Source. 2017, 178:1, eff. Jan. 1, 2018.
Disclaimer: These codes may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
