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2021 New Hampshire Revised Statutes
Title XLIV - Guardians and Conservators
Title 464-A - Guardians and Conservators
Section 464-A:39 - Resignation, Removal, or Death of Guardian.
Universal Citation: NH Rev Stat § 464-A:39 (2021)
464-A:39 Resignation, Removal, or Death of Guardian. –
I. Any person appointed as guardian of the person or an estate or both shall serve until:
(a) His or her resignation is accepted by the court;
(b) He or she dies;
(c) The court finds removal of the guardian to be in the ward's best interests; or
(d) The guardianship is terminated pursuant to this section or RSA 464-A:40.
II. A guardian seeking to resign shall file a motion for court approval of the resignation. Resignation of a guardian is not effective until accepted by the court and a successor guardian is appointed or the guardianship is terminated.
III. The ward or any person interested in the ward's welfare may file a motion for the removal of the guardian of the person or the estate or both, if removal would be in the ward's best interests.
IV. The guardianship shall not terminate with the resignation, removal, or death of the guardian, unless the court order expressly terminates the guardianship. If the guardianship is not terminated, the court shall appoint a successor guardian.
V. The resignation accepted by the court, removal, death of the guardian, or termination of the guardianship shall terminate the authority of the guardian, but shall not release the guardian from responsibility for any act or omission occurring during the period of the guardian's appointment.
VI. Any resignation or removal may be conditioned on such requirements or occurrences as the court may specify in the exercise of its reasonable discretion. The court may make such further orders as may be appropriate, including requiring a final account.
I. Any person appointed as guardian of the person or an estate or both shall serve until:
(a) His or her resignation is accepted by the court;
(b) He or she dies;
(c) The court finds removal of the guardian to be in the ward's best interests; or
(d) The guardianship is terminated pursuant to this section or RSA 464-A:40.
II. A guardian seeking to resign shall file a motion for court approval of the resignation. Resignation of a guardian is not effective until accepted by the court and a successor guardian is appointed or the guardianship is terminated.
III. The ward or any person interested in the ward's welfare may file a motion for the removal of the guardian of the person or the estate or both, if removal would be in the ward's best interests.
IV. The guardianship shall not terminate with the resignation, removal, or death of the guardian, unless the court order expressly terminates the guardianship. If the guardianship is not terminated, the court shall appoint a successor guardian.
V. The resignation accepted by the court, removal, death of the guardian, or termination of the guardianship shall terminate the authority of the guardian, but shall not release the guardian from responsibility for any act or omission occurring during the period of the guardian's appointment.
VI. Any resignation or removal may be conditioned on such requirements or occurrences as the court may specify in the exercise of its reasonable discretion. The court may make such further orders as may be appropriate, including requiring a final account.
Source. 1979, 370:1. 2001, 146:6, eff. Jan. 1, 2002.
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