Probate Code
Each state's laws enumerate certain duties and limitations for guardians and conservators. These laws tend to be lengthy and detailed. For a comprehensive understanding of them, including relevant exceptions and requirements, the statutes themselves should be reviewed. Additionally, state laws must be read in conjunction with the order of appointment of a guardian or conservator by the judge which may further limit the guardian's powers and responsibilities.
Subject to court limitation, a guardian of an incapacitated person has the following powers and duties to:
- Establish the ward's place of abode within or without this state;
- Make provision for the care, comfort and maintenance of the ward, and to arrange for his or her training, education or rehabilitation, when appropriate;
- Take reasonable care of the ward's clothing and personal effects.
- File an annual report with the probate court, unless the court finds that such report is not necessary.
- Give or withhold, as appropriate, consent or approval to for the ward to receive medical or other professional care, counsel, treatment, or service.
The guardian of the estate shall:
- Take possession of all of the ward's property, income and assets and protect, preserve, retain, sell and invest same;
- Apply the money and property for the support, care, and education of the ward;
- Prosecute or defend actions, claims or proceedings in any jurisdiction for the protection of the estate's assets;
- Deliver the assets of the ward to the persons entitled thereto at the end of the guardianship;
- Be authorized to perform every act which persons of prudence, discretion and intelligence, exercising judgment and care as in the management of their own affairs, would perform for the purposes of the guardianship;
- Faithfully perform all other duties required by law.
- File an annual account with the probate court unless the court finds that it is not appropriate.
The guardian may not use funds from the ward's estate for room and board which the guardian, or his or her spouse, parent, or child have furnished to the ward, unless a charge for the service is approved by order of the court made upon notice to at least one of the next of kin of the ward, if notice is possible.The guardian may institute proceedings to compel any person or agency under a duty to support the ward, or a duty to pay sums for the welfare of the ward, to perform this duty.
The court may limit the powers of the guardian of the estate or impose additional duties if it deems such action desirable in the best interests of the ward.
N.H. Rev. Stat. Ann. § 464-A:25
N.H. Rev. Stat. Ann. § 464-A:26