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2021 New Hampshire Revised Statutes
Title XLIV - Guardians and Conservators
Title 464-A - Guardians and Conservators
Section 464-A:3 - Jurisdiction and Venue.
Universal Citation: NH Rev Stat § 464-A:3 (2021)
464-A:3 Jurisdiction and Venue. –
I. The probate court shall have exclusive jurisdiction over the appointment of a guardian of the person or of the estate or of both of any incapacitated person.
II. (a) Except as provided in RSA 464-A:25, I(a), venue for guardianship proceedings for a proposed ward is in the county where the proposed ward resides, or the county in which the proposed ward is physically present when the proceedings are commenced.
(b) If the proposed ward is admitted to an institution pursuant to an order of a court of competent jurisdiction, or is a resident of an institution for a period of at least one year, venue is also in the county in which that institution is located.
(c) In proceedings to create a guardianship of the estate containing real property, venue may also be in a county in which the real property, or a portion thereof, of the proposed ward is located.
I. The probate court shall have exclusive jurisdiction over the appointment of a guardian of the person or of the estate or of both of any incapacitated person.
II. (a) Except as provided in RSA 464-A:25, I(a), venue for guardianship proceedings for a proposed ward is in the county where the proposed ward resides, or the county in which the proposed ward is physically present when the proceedings are commenced.
(b) If the proposed ward is admitted to an institution pursuant to an order of a court of competent jurisdiction, or is a resident of an institution for a period of at least one year, venue is also in the county in which that institution is located.
(c) In proceedings to create a guardianship of the estate containing real property, venue may also be in a county in which the real property, or a portion thereof, of the proposed ward is located.
Source. 1979, 370:1. 1981, 564:1. 1993, 152:2. 1998, 155:2. 2010, 288:2, eff. Jan. 1, 2011.
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