What is a guardianship and how do I set one up?
A guardianship is a legal relationship allowing one person (the guardian) to make decisions on behalf of and care for another person (the ward). In New Hampshire, guardianships are established when a court decides that the ward is unable to make decisions necessary to care for themselves due to physical or mental incapacity. A guardianship can be set up if the ward is a minor or an adult. To set up a guardianship, an interested person will need to file a petition in the local probate court in the county where the ward resides. The petition must include a petitioners affidavit that explains why the guardianship is needed and why the individual filing the petition is suitable to serve as the guardian. After the petition is filed, the court will hold a hearing to decide whether or not to appoint a guardian. During the hearing, the court will consider the best interests of the ward and appoint the guardian it deems appropriate. Once the guardian is appointed, they are responsible for making decisions regarding the ward’s medical care, financial affairs, and other important issues. They will also be required to submit periodic reports to the court describing how the guardianship is being managed. In New Hampshire, Elder Law attorneys can provide legal advice and assistance throughout the guardianship process, including filing all required documents and attending court hearings. It is important for anyone seeking guardianship to get help from a legal professional to ensure that the process is done properly and within the guidelines of the law.
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