N.H. Rev. Stat. Ann. § 464-A:9 – Findings

I. The court, at a hearing convened under this chapter, shall:
1. (a) Inquire into the nature and extent of the functional limitations of the proposed ward; and
2. (b) Ascertain his or her capacity to care for himself or herself or his or her estate.
II. If it is determined that the proposed ward possesses the capacity to care for himself or his estate, the court shall dismiss the petition.
III. Alternatively, the court may appoint a guardian of the person and estate, or the person or the estate, as requested in the petition and confer specific powers of guardianship on the proposed guardian, or appoint co-guardians, one of the person and one of the estate, after finding in the record based on evidence beyond a reasonable doubt that:
1. (a) The person for whom a guardian is to be appointed is incapacitated; and
2. (b) The guardianship is necessary as a means of providing continuing care, supervision, and rehabilitation of the individual, or the management of the property and financial affairs of the incapacitated person; and
3. (c) There are no available alternative resources which are suitable with respect to the incapacitated person's welfare, safety, and rehabilitation or the prudent management of his or her property and financial affairs; and
4. (d) The guardianship is appropriate as the least restrictive form of intervention consistent with the preservation of the civil rights and liberties of the proposed ward.
  III-a. If a petition is filed pursuant to RSA 464-A:4 for the appointment of a guardian of the person or of the person and the estate for a person admitted for in-patient treatment on an involuntary emergency basis as provided in RSA 135-C:27-33 or on an involuntary basis as provided in RSA 135-C:34-54, the probate court shall render a decision on such petition in accordance with the provisions of this chapter within 45 calendar days of the filing of the petition.
  III-b. When a petition seeks appointment of a guardian for a limited period of time, the probate court may dismiss the petition, grant the petition, or appoint a guardian for a shorter period of time than sought in the petition. The court shall not appoint a guardian for a period of time longer than the time sought in the petition.
IV. No person determined to be incapacitated thus requiring the appointment of a guardian of the person and estate, or the person, or the estate, shall be deprived of any legal rights, including the right to marry, to obtain a motor vehicle operator's license, to testify in any judicial or administrative proceedings, to make a will, to convey or hold property, to contract, or to have access to or to grant release of his or her confidential records and papers, including medical records, except upon specific findings of the court. The court shall enumerate in its findings which legal rights the proposed ward is incapable of exercising.
IV-a. Unless the court has specifically ordered that the ward be deprived access to or ability to grant release of his or her confidential records and papers, pursuant to paragraph IV, the guardian shall provide medical, financial, or other records to the ward within 10 days of the ward's request. The guardian may file a petition with the court seeking to amend the existing guardianship order to deprive the ward the right to access or grant release of his or her confidential records. The guardian must file such petition within 10 days of receipt of the ward's request for copies of his or her records. Upon a finding in the record based on evidence beyond a reasonable doubt that the ward is incapable of exercising his or her right to access or grant release of his or her confidential records, the court shall issue an amended order of guardianship.
V. No individual shall be committed to any mental health facility or state institution solely because he or she has been declared incompetent for the purpose of appointing a guardian.
VI. The court may dismiss the proceedings or enter any other appropriate order consistent with the findings of this section.

Source. 1979, 370:1. 1983, 307:1. 1993, 152:7. 1994, 248:5, eff. June 2, 1994. 2024, 265:1, 2, eff. Jan. 1, 2025.