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Circuit Court Probate Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- PROBATE DIVISION 

Rule 111. GUARDIANSHIP OF MINORS NECESSITATED BY RSA 464-A:42.


    A guardianship necessitated by the provisions of RSA 464-A:42 may be filed any time after suit has been commenced in the Superior Court or District Court, and before settlement is approved by the Superior Court or District Court. A copy of the proposed Petition to the Superior Court or District Court seeking approval of the settlement, as well as all supplemental documentation required under Superior Court or District Court rule, shall be appended to the Petition for guardian.

    If the settlement contemplated at the time of the filing of the Petition for guardian, as reflected in the appended Superior or District Court Petition, proposed Petition and supplemental documentation, shall be in any manner changed prior to approval by the Superior or District Court, even if at the direction of that Court, the guardian shall immediately file a written notification with the Probate Court, with copies of the evised documentation appended.

    Upon its consideration of the Petition for guardian and any subsequently filed notice of revision, the Probate Court shall consider the form or sufficiency of bond. Any alteration of bond requirements shall be at the Court's discretion.

    In establishing the form and sufficiency of bond, the Probate Court shall consider the nature and amount of the asset(s), its (their) form of investment, the guardian's experience and reputation in managing property of the same or similar type as that of the guardianship, the attendant risks or volatility of the form of investment(s), any restrictions or limitations imposed upon the guardian by the Court in mitigation of waste, misfeasance or malfeasance and similar concerns related to the safety and security of the guardianship estate and its proper administration and management. After giving the consideration required, the Court, in its discretion, shall impose such bond requirements as attendant circumstances warrant.

    No letter of appointment shall issue until the bond has been posted by the guardian and approved by the Probate Court. The Probate Court may require supplemental, substitute or an alteration in the bond requirements from time to time to accommodate changing circumstances of the guardianship. Upon establishment of the guardianship, a letter of guardianship shall issue which shall have appended to it a decree referencing the Probate Court's consideration of the proposed settlement in relation to the Fiduciary bond or in lieu thereof, the Probate Court shall issue a certification or provide other documentation which the guardian shall file with the Superior Court or District Court, as required under Superior or District Court rule, confirming that in setting the fiduciary bond of the guardianship, the settlement was considered.

    Unless specific written Probate Court authorization is granted for alternate investment, the guardian may invest the settlement asset(s) only in accordance with RSA 463:20, :22 and :23-a.

    To minimize the expense of bond requirements, the Probate Court may, in its discretion, restrict, restrain or enjoin the guardian from expending, withdrawing, encumbering or otherwise disposing of the settlement proceeds without prior written approval of the Probate Court or upon such other limitations or conditions as it may impose.

    To further minimize the expenses and any attendant inconvenience the Court may, in its discretion, waive annual accounting and order accounting on such other basis as the circumstances of the guardianship may reasonably require from time to time. In the absence of a contrary order, an accounting shall be filed annually by the guardian.

    All costs, expenses and fees related to the guardianship shall be paid from the guardianship estate assets subject to the approval of the Probate Court.

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Circuit Court Probate Division Rules Table of Contents