New Hampshire § 464-A-12 - Section 464-A:12 Temporary Guardian.

§ 464-A-12. Section 464-A:12 Temporary Guardian.

I. Any relative, public official, or interested person may file a verified petition for a temporary guardian of the person and estate, or the person, or the estate. Said petition shall contain: (a) All the information required in RSA 464-A:4; (b) The reasons the petitioner believes the proposed ward is in need of a temporary guardian; (c) The reasons why the petitioner believes the regular procedure for obtaining guardianship of the person and estate, or the person, or the estate, is not appropriate. II. The court may, with such notice as it deems reasonable to the proposed ward and the court appointed counsel or the proposed ward's private counsel, appoint a temporary guardian for an incapacitated person. The appointment shall be limited to the performance of duties respecting specific property, or to the performance of particular acts necessary to prevent immediate serious physical or mental harm to the proposed ward or immediate serious physical harm to others. The temporary guardian of the person and estate, or the estate, shall file an inventory within 30 days after the termination of the guardianship, or be in default. The temporary guardian shall file an account within 90 days after the termination of the guardianship, or be in default. Within 10 days after the temporary guardian's default, the clerk shall give notice to the fiduciary of the default by first class mail. The temporary guardian shall not file an annual report. No term of temporary guardianship shall exceed 60 days, unless for good cause shown and within the discretion of the court. III. No temporary guardian shall seek an extension of that appointment without formally petitioning the court for a guardianship of the person and estate, or the person, or estate within the 60 day period of temporary guardianship. IV. If the counsel for the proposed ward or the proposed ward opposes the appointment of a temporary guardian under this section, the court may not appoint said temporary guardian without a hearing pursuant to RSA 464-A:8 and without findings pursuant to RSA 464-A:9. The proposed temporary guardian, the petitioner, the proposed ward, and the counsel for the proposed ward shall be present at said hearing and the court shall determine the necessity for the appointment of a temporary guardian. The burden of proof to show need for a temporary guardian shall be on the petitioner. V. Appointment of a temporary guardian shall not have the effect of an adjudication of incapacity or effect of limitation on the legal rights of the individual other than those specified in the court order. Appointment of a temporary guardian shall not be evidence of incapacity in the petition, hearing or finding, for regular guardianship powers under RSA 464-A:4, 464-A:8 and 464-A:9. VI. The appointment of a guardian pursuant to RSA 464-A:9 terminates the powers of a temporary guardian appointed under this section, except for the rendering of the final account of the temporary guardian.