Can a guardian be appointed over the objections of the ward?

Yes, a guardian can be appointed over the objections of the ward in New Hampshire. The New Hampshire Court can appoint a guardian for an individual if the court finds that the ward lacks the capacity to make or communicate significant decisions about their care. This determination can be made even if the ward objects to the appointment. In such cases, the court will consider the best interests of the ward in deciding whether to appoint a guardian, and will make its appointment if it determines that doing so is necessary for the welfare of the ward. Moreover, the court is also instructed to consider the ward’s wishes, and may appoint a guardian with limited decision-making authority or with authority only over certain aspects of the ward’s care, if it determines that such an arrangement will better serve the ward’s interests. In addition, the court order appointing the guardian must include alternative dispute resolution procedures to ensure that the ward and guardian will be able to address any differences in opinion without resorting to court proceedings. Ultimately, the decision whether to appoint a guardian is left to the discretion of the court and depends upon the facts and circumstances of each case. However, if it is determined that the ward’s interests are better served by appointing a guardian over the ward’s objections, then this is a situation where the court has the authority to do so.

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Can a guardian be appointed over the objections of the ward?

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