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New Hampshire Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a New Hampshire court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on RSA 464-A (Guardians and Conservators) and RSA 463 (Guardianship of Minors and Estates of Minors)

By Settled Estate Editorial

What guardianship and conservatorship mean here

Guardianship in New Hampshire is a court case in the Circuit Court, Probate Division. A judge may appoint a guardian of the person, a guardian of the estate, or both, for an adult the court finds incapacitated under RSA 464-A, or for a child under RSA 463. New Hampshire sets the highest bar in the country for an adult case: the petitioner must prove incapacity and the need for a guardian beyond a reasonable doubt, the same standard used in criminal trials. The court must also find that no available alternative resource would meet the person's needs and that guardianship is the least restrictive form of intervention, and it must list in its findings exactly which legal rights the person cannot exercise. Every other right stays with the person.

New Hampshire splits the job in two. A guardian of the person handles custody, medical care, and where the person lives. A guardian of the estate handles money and property. Both come from RSA 464-A and the court can appoint one person to both roles or two co-guardians, one for each. The word conservator means something different here than in most states: under RSA 464-A:13 a conservatorship is voluntary, an adult who considers themselves unfit to manage their own property applies for it, and the court must find that both the application and the choice of conservator were voluntary. So in New Hampshire a conservator is someone you ask for, while a guardian of the estate is someone the court imposes. The statute still calls the protected adult the ward.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian of the person (adult)

Custody of the adult, where the adult lives, medical and personal care decisions, and any other authority the order grants. The court finds beyond a reasonable doubt that the adult is incapacitated, that a guardian is necessary, that no available alternative resource is suitable, and that guardianship is the least restrictive form of intervention.

RSA 464-A:9

Guardian of the estate (adult)

Possession and management of the adult's real and personal property, income, and benefits, with a duty to account to the court. The adult cannot manage property or financial affairs and the same four findings are met. This is New Hampshire's involuntary property appointment, and it is what most other states call a conservatorship.

RSA 464-A:26

Limited guardianship (adult)

Only the specific powers the court confers, and only the rights the court's findings say the person cannot exercise. Always considered first. RSA 464-A:9, IV bars the court from stripping any legal right, including the right to marry, to hold a driver's license, to testify, to make a will, to hold or convey property, to contract, and to see or release confidential records, except on specific findings, and requires the court to enumerate which rights the person cannot exercise.

RSA 464-A:9

More guardianship types6 additional arrangements courts use in specific situations, with statute cites

Temporary guardian (the emergency route)

Only the specific property duties or the particular acts the order names, and nothing wider. A statutory emergency exists and the petition explains why the ordinary guardianship route is not appropriate. The appointment is capped at 60 days unless the court finds good cause, it is not an adjudication of incapacity, and it may not be treated as evidence of incapacity at the later hearing.

RSA 464-A:12

Conservator (voluntary, self-requested)

Management of the property and financial affairs of the person who asked for the appointment. An adult who considers themselves unfit by reason of mental or physical disability to manage their own property applies to the court and names the conservator they want. The court holds a hearing and must find that the application and the choice were both voluntary, and it appoints counsel if it questions either.

RSA 464-A:13

Guardian of the person of a minor

The powers and responsibilities of a parent for the child's support, care, and education, subject to any limits the court sets. The court finds the appointment is in the child's best interest and the proposed guardian is appropriate. Both parents are the child's natural joint guardians under RSA 463:3 until a court says otherwise.

RSA 463:12

Guardian of the estate of a minor

Possession and management of the child's real and personal property, rents, income, and benefits, with accounts filed with the court. The court finds by a preponderance of the evidence that a guardian is necessary for the proper management of the child's property and financial affairs, often after a settlement or an inheritance.

RSA 463:19

Public guardian

The same authority as any other guardian, exercised by a contracted nonprofit program rather than a family member. No family member, friend, or professional is available or suitable. RSA 464-A:10, I(c) lets the court appoint the public guardianship and protection program, and RSA 547-B exists to provide guardianship services where they are required by law and otherwise unavailable.

RSA 547-B (Public Guardianship and Protection Program)

Conservator for an absentee

Charge of the property of a person who is missing, missing in action, interned, captured, or unheard from, under continuing court supervision. The absentee owns property in New Hampshire or is domiciled here and left no adequate power of attorney. The court may act on its own motion or on petition by someone who would inherit, after notice to the heirs and next of kin and publication.

RSA 464-A:17

The New Hampshire guardianship court process

1File the verified petitionAny relative, public official, or interested person, or the adult on their own behalf, files a verified petition in the Circuit Court Probate Division for the county where the proposed ward lives or is physically present.
Any relative, public official, or interested person, or the adult on their own behalf, files a verified petition in the Circuit Court Probate Division for the county where the proposed ward lives or is physically present. The petition names the proposed ward's spouse, parents, adult children, and siblings, describes the property, says whether guardianship of the person, the estate, or both is sought, and states whether it is asked for an indefinite or a limited period. The court also reviews the proposed guardian's New Hampshire criminal conviction record before appointing a guardian of the person.
2File the statement of factsA separate statement has to be filed with the petition setting out specific financial transactions, personal actions, or actual occurrences said to show the person cannot manage an estate or provide for their own health care, food, clothing, shelter, or safety.
A separate statement has to be filed with the petition setting out specific financial transactions, personal actions, or actual occurrences said to show the person cannot manage an estate or provide for their own health care, food, clothing, shelter, or safety. New Hampshire then puts a clock on that evidence: all of it has to have happened within 6 months before the petition was filed, and at least one incident within 20 days of filing. Isolated negligence, improvidence, lack of money, or a choice that was an informed judgment does not count as evidence of inability.
3Counsel is appointed for the proposed wardThe right to a lawyer is absolute and unconditional.
The right to a lawyer is absolute and unconditional. If the proposed ward does not have their own lawyer the court appoints one immediately when the petition is filed, and the judicial council pays for counsel and for necessary investigative or expert services if the person is found indigent.
4Orders of notice issueThe orders of notice are written in language the proposed ward can understand and are served on that person in hand at least 14 days before the hearing, with a copy of the petition and the statement.
The orders of notice are written in language the proposed ward can understand and are served on that person in hand at least 14 days before the hearing, with a copy of the petition and the statement. They must carry a bordered, bold-face notice telling the person they may contest the petition and naming their lawyer. Relatives listed on the petition, the proposed guardian, the petitioner, and the medical director of any institution get notice by first class mail at least 14 days ahead.
5Ask for an expedited hearing if it cannot waitWhere urgent medical treatment or another circumstance requires it, the petitioner files an affidavit, or in a medical emergency the proposed ward's physician does, explaining why.
Where urgent medical treatment or another circumstance requires it, the petitioner files an affidavit, or in a medical emergency the proposed ward's physician does, explaining why. If the court grants the request it schedules the hearing in whatever manner and time is just, and an expedited hearing is defined as one held within 15 days of filing or in such other time period as justice requires.
6HearingThe hearing is closed unless the proposed ward or their lawyer asks otherwise, and the person must be present if they are in state and able to attend.
The hearing is closed unless the proposed ward or their lawyer asks otherwise, and the person must be present if they are in state and able to attend. Attendance can be waived only on a written statement filed with a physician's affidavit about the person's condition. The rules of evidence apply and hearsay is not admitted. Capacity is presumed, the burden is on the petitioner, and the proof must be beyond a reasonable doubt. New Hampshire does not appoint a court visitor and does not require a court-ordered capacity evaluation, and the physician's affidavit is evidence only of inability to attend and may not be considered in deciding incapacity.
7FindingsIf the court decides the person can care for themselves and their estate it must dismiss the petition.
If the court decides the person can care for themselves and their estate it must dismiss the petition. Otherwise it makes four findings on the record beyond a reasonable doubt, that the person is incapacitated, that a guardianship is necessary, that no suitable alternative resource exists, and that guardianship is the least restrictive form of intervention. It confers only the specific powers it names and lists in its findings which legal rights the person cannot exercise. Where the petition asked for a limited term the court may grant a shorter term, never a longer one.
8Letters of guardianship issueA copy of the appointment order goes to the ward and the ward's lawyer, carrying notice of the right to appeal and the right to ask to change or end the guardianship at any time.
A copy of the appointment order goes to the ward and the ward's lawyer, carrying notice of the right to appeal and the right to ask to change or end the guardianship at any time. The letters of guardianship then state the guardian's name and contact details, the ward's, the scope of the appointment, and the specific legal limits the court placed on the guardian's powers, with copies to the ward, the ward's counsel, the petitioner, and the ward's institution.
9Inventory the estateA guardian of the estate files an inventory in the same manner and subject to the same requirements as an inventory in a decedent's estate under RSA 554, and has all or part of the ward's estate appraised if the court orders it.
A guardian of the estate files an inventory in the same manner and subject to the same requirements as an inventory in a decedent's estate under RSA 554, and has all or part of the ward's estate appraised if the court orders it.
10Annual reporting from then onA guardian of the person files an annual report within 90 days after each anniversary of the appointment, covering changes in the ward's medical condition, hospitalizations and treatments, the appropriateness of the ward's care, any change to where the ward lives, the guardian's plan, and whether the guardianship should continue.
A guardian of the person files an annual report within 90 days after each anniversary of the appointment, covering changes in the ward's medical condition, hospitalizations and treatments, the appropriateness of the ward's care, any change to where the ward lives, the guardian's plan, and whether the guardianship should continue. The guardian mails the ward a copy, and the ward may request a hearing within 15 days of receiving it. The court also notifies the ward every year that they may ask to change or end the guardianship.

How long it takes

An uncontested New Hampshire adult guardianship usually reaches a hearing and an order within about 2 to 4 months of filing. A contested case runs longer. Two statutory clocks can shorten it: the court can grant an expedited hearing, which means a hearing within 15 days of filing, and where the proposed ward is already an inpatient on an involuntary basis the probate court must decide the petition within 45 calendar days of filing.

Temporary guardianship
No term may exceed 60 days unless the court finds good cause; extending it requires a petition for full guardianship inside that 60 days
Ex parte order for a minor
Expires 30 days after the date of the order unless the court extends it
Expedited hearing
Held within 15 days of filing, or in whatever other time justice requires
Notice before the hearing
Personal service on the proposed ward at least 14 days before the hearing, and first class mail to relatives at least 14 days before
Decision when the person is an involuntary inpatient
Within 45 calendar days of the filing of the petition
Uncontested appointment
About 2 to 4 months from filing to letters of guardianship
Contested case
4 to 12+ months
Annual report and account
Due within 90 days after each anniversary of the appointment
Minor guardianship reviews
Automatic court review at 6, 12, and 24 months, then annually
Planning documents
A power of attorney, an advance directive, or a supported decision-making agreement can be signed in a few weeks

Alternatives to consider before guardianship

Supported decision-making agreement

Health care, money and assets, support services, employment, food and shelter, public benefits, and education, in whatever combination the agreement names. The adult keeps every legal right and simply names supporters who help them gather information, understand choices, and communicate decisions. New Hampshire enacted it in 2021 as a less restrictive alternative to guardianship, and RSA 464-D:3 says signing one may not be used as evidence of incapacity in any proceeding.

RSA 464-D (Supported Decision-Making)

Durable power of attorney

Financial and property decisions. A New Hampshire power of attorney is durable automatically: under RSA 564-E:104 it survives the principal's incapacity unless the document says otherwise, so no court case is needed. The same document can nominate the guardian the principal would want if a court case ever became necessary.

RSA 564-E (Uniform Power of Attorney Act)

Advance directive: durable power of attorney for health care and living will

Medical and treatment decisions, including naming a health care agent and stating end of life wishes. The person chooses their own agent while they still have capacity. The agent's authority takes effect only once the attending practitioner certifies in the medical record that the person cannot make health care decisions, and it ends the moment capacity returns.

RSA 137-J (Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions)

Revocable living trust

Whatever assets are titled in the trust. A named successor trustee steps in and manages the trust property if the person becomes incapacitated, with no court appointment and no public case.

RSA 564-B (New Hampshire Trust Code)

Services and payees the statute already names

Visiting nurses, homemakers, home health aides, adult day care, multipurpose senior citizen centers, powers of attorney, supported decision-making agreements, representative and protective payees, and board and care residential facilities. This is not a suggestion in New Hampshire. RSA 464-A:2, II defines all of these as available alternative resources, and RSA 464-A:9, III(c) makes the absence of a suitable one a required finding, proved beyond a reasonable doubt, before any guardian can be appointed. Documenting what was tried is part of the case.

RSA 464-A:2

Limited guardianship instead of full guardianship

Only the decisions the person genuinely cannot make. Where some court authority is unavoidable, RSA 464-A:9, IV keeps it as small as possible: no legal right is removed except on specific findings, and the court has to enumerate which rights the person cannot exercise. Everything not listed stays with the person.

RSA 464-A:9

Emergency guardianship and planning ahead

Emergency guardianship: New Hampshire's emergency route is a temporary guardian. Any relative, public official, or interested person may file a verified petition that carries everything a regular petition needs plus the reasons the person needs a temporary guardian now and the reasons the ordinary guardianship procedure is not appropriate. RSA 464-A:2, VI defines the emergency as a substantial risk of death or immediate serious physical or mental harm to the person, or immediate serious physical harm to others, or a substantial risk of irreparable harm to valuable property the person owns or controls, and RSA 464-A:2, X defines immediate as a strong likelihood the event happens within 72 hours. It lasts 60 days. It may be extended up to whatever further term the court allows for good cause shown; RSA 464-A:12 sets no second fixed cap, and the appointment of a regular guardian ends the temporary one. Authority: RSA 464-A:12.

Naming a guardian in advance: New Hampshire gives you unusually strong control over who would be your guardian. Under RSA 464-A:10, IV any competent person may sign an instrument naming one or more guardians of their person or estate, name substitutes in case a first choice cannot serve, and name people to be EXCLUDED from consideration. The nomination survives later incapacity, creates a rebuttable presumption that the person named is appointed, and binds the court in one direction absolutely: the court may not appoint a person the instrument excludes under any circumstances. The instrument has to be signed and acknowledged in the way RSA 477:9 requires for a power of attorney to convey real estate, so sign it in front of a notary or a justice of the peace.

Guardianship costs

Court filing fee
$260.00 to petition for a guardian of an incapacitated person, a guardian of the estate, or a conservator under RSA 464-A. The fee is set statewide by Circuit Court Probate Division Rule 169(I)(e) and is the same in all 10 counties
Minor guardianship filing fee
$260.00 for guardianship of a minor's estate, or of a minor's person and estate, in the Probate Division, plus certified mail costs for each person entitled to an order of notice. A petition for guardianship of a minor's person alone is a Family Division filing at $135.00, again plus certified mail costs
Transfer of a guardianship from another state
$230.00 to petition to transfer a foreign guardianship or conservatorship under RSA 464-C
Successor guardian motion
$105.00
Guardian or conservator accounting
$105.00 per account filed
Guardian nomination in will
Included in will preparation costs
Separate nomination document
$150 - $400 for an attorney-drafted RSA 464-A:10 nomination, which has to be signed and acknowledged before a notary or justice of the peace
Counsel for the proposed ward
Paid out of the proposed ward's own assets unless the petition was filed in bad faith, in which case the petitioner pays everything. If the proposed ward is indigent the state pays for their counsel and any resource person (RSA 464-A:43)
Attorney fees for proceeding
$2,500 - $7,500+ (national range, not a New Hampshire published rate)
Capacity or medical evaluation
$0 - $2,000. New Hampshire does not require a court-ordered capacity evaluation, so many cases carry no evaluation charge at all; where a physician's affidavit or an expert opinion is obtained, this is the national range
Guardian bond premium
0.5% - 1% of the value of the estate each year, where the court requires sureties. The judge may allow a bond without sureties if the ward's estate is $10,000 or less or the guardianship is only of the person (RSA 464-A:21)
Guardian compensation
Reasonable compensation for proper expenses and services, paid from the ward's estate ahead of other debts to the extent funds are available and the ward's needs are met, and secured by a lien on the ward's property (RSA 464-A:23). A family guardian or a volunteer guardian may receive expenses and a reasonable stipend with court approval
Annual reporting costs
$1,000 - $2,500 per year where a professional guardian or an accountant prepares the annual account (national range)

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in New Hampshire?
Guardianship in New Hampshire is a court case in the Circuit Court, Probate Division. A judge may appoint a guardian of the person, a guardian of the estate, or both, for an adult the court finds incapacitated under RSA 464-A, or for a child under RSA 463. New Hampshire sets the highest bar in the country for an adult case: the petitioner must prove incapacity and the need for a guardian beyond a reasonable doubt, the same standard used in criminal trials. The court must also find that no available alternative resource would meet the person's needs and that guardianship is the least restrictive form of intervention, and it must list in its findings exactly which legal rights the person cannot exercise. Every other right stays with the person.
What are the alternatives to guardianship in New Hampshire?
Less restrictive alternatives in New Hampshire include Supported decision-making agreement, Durable power of attorney, Advance directive: durable power of attorney for health care and living will, Revocable living trust. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.
How long does the New Hampshire guardianship process take?
An uncontested New Hampshire adult guardianship usually reaches a hearing and an order within about 2 to 4 months of filing. A contested case runs longer. Two statutory clocks can shorten it: the court can grant an expedited hearing, which means a hearing within 15 days of filing, and where the proposed ward is already an inpatient on an involuntary basis the probate court must decide the petition within 45 calendar days of filing.
Do I need a lawyer to file for guardianship in New Hampshire?
Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some New Hampshire courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.
Guardian vs. conservator in New Hampshire: what is the difference?
New Hampshire splits the job in two. A guardian of the person handles custody, medical care, and where the person lives. A guardian of the estate handles money and property. Both come from RSA 464-A and the court can appoint one person to both roles or two co-guardians, one for each. The word conservator means something different here than in most states: under RSA 464-A:13 a conservatorship is voluntary, an adult who considers themselves unfit to manage their own property applies for it, and the court must find that both the application and the choice of conservator were voluntary. So in New Hampshire a conservator is someone you ask for, while a guardian of the estate is someone the court imposes. The statute still calls the protected adult the ward.
Statutes and sourcesOfficial references used for this page
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Information current as of August 3, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in New Hampshire can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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