1. I. When all other resources are exhausted, hospitals seeking to assist older adults or adults with a disability as defined in RSA 151-E:24 with discharge from a hospital setting to a less restrictive setting may seek to have a guardian or conservator appointed by the probate court, pursuant to RSA 464-A, for any older adult or adult with a disability who:

   1. (a) Requires an alternative decision maker to assist with discharge;
   2. (b) Is deemed incapacitated by a court of competent jurisdiction; and
   3. (c) Cannot secure guardianship services through any other alternative.
2. II. The department shall contract with office of the public guardian to provide publicly funded guardianship slots for individuals in need of guardianship pursuant to paragraph I.
3. III. Hospitals seeking to assist adults with discharge shall apply to the department for access to the publicly funded guardianship slots.
4. IV. Availability of publicly funded guardianship slots shall be subject to the availability of funding.

Source. 2025, 141:432, eff. Sept. 30, 2025.