cheshire county nh court house, estate planning probate law

Guardianships

Attorneys Norton and Abert have extensive experience with guardianships.

If a person has not done any prior estate planning, and does not have any documents naming agents (either under a general durable power of attorney for finances, or a New Hampshire Advance Directive for health care decision making), then no one has the ability to make any decisions for that person if he or she becomes incapacitated. In such situations, the only available option for decision making and management for that person is a guardianship.

A guardianship is an action in the Court, requesting that another person (the "guardian") be granted authority to take certain actions on behalf of the incapacitated individual (the "ward"). Guardianship is not a simple matter, and New Hampshire State law requires that the guardianship be the least restrictive means necessary for assisting the proposed ward. It is advisable to seek legal advice before filing a guardianship petition, and, if advised, to seek guardianship orders tailored to the ward's circumstances in life.