New Hampshire: Do You Need a Separate Appointment to Manage the Estate When Appointed Guardian of the Person? | New Hampshire Estate Planning | FastCounsel
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New Hampshire: Do You Need a Separate Appointment to Manage the Estate When Appointed Guardian of the Person?

Short answer

In New Hampshire, being appointed guardian of a person does not automatically give you authority over that person’s money and property. Courts treat the authority to make personal-care decisions (guardian of the person) and the authority to manage finances or property (guardian of the estate or conservator) as separate roles. If you need both sets of powers, you generally must seek a separate appointment from the court for the estate or conservatorship.

Detailed answer — how New Hampshire divides the roles and what that means for you

State courts separate personal-care authority from financial authority to protect disabled or incapacitated adults and to limit unnecessary control over a person’s assets. In practice this means:

  • Guardian of the person: This appointment gives you legal authority to make decisions about where the person lives, daily care, routine medical care, and other personal decisions the court finds necessary.
  • Guardian of the estate / Conservator: This is the court appointment that gives you authority to collect income, manage bank accounts, pay bills, make investments, sell property, and otherwise handle the person’s financial affairs.

Because these are separate functions, a court may appoint the same individual to both roles, or it may appoint different people for each role depending on what the court thinks is in the best interest of the protected person. If you are appointed only as guardian of the person but later discover you must handle assets or bills, you will need to petition the court for the separate estate appointment (often called a conservatorship or guardian of the estate, depending on local terminology).

How the court decides whether to grant both roles

The court looks at the needs of the individual, the type and extent of financial issues, the proposed guardian’s ability to handle money, potential conflicts of interest, and less-restrictive alternatives (such as a power of attorney if the person can still grant one). If the person lacks capacity to manage finances, the court may order an evaluation and require detailed evidence supporting the requested estate authority.

Typical process to get authority over the estate

  1. File a petition in the proper New Hampshire court requesting appointment as guardian of the estate (or conservator), separate from any guardianship-of-person petition.
  2. Provide notice to required parties (the proposed ward, close relatives, and others per court rules).
  3. The court may require evaluations, competency assessments, and a hearing where interested parties may appear.
  4. If appointed, the fiduciary will usually need to file an inventory of assets, may be required to post a bond, and must file periodic accountings and receipts for expenditures as ordered by the court.

Practical examples (hypothetical)

Example 1: You are appointed guardian of an adult with dementia so you can arrange housing and medical care. The person still receives Social Security payments in their own bank account. Because you were not appointed to manage the estate, you cannot change the bank account, redirect income, or pay bills from their account without a separate estate appointment or authority (such as representative payee status for Social Security).

Example 2: The same person has significant checking and investment accounts that cannot be managed without court authority. You petition the court for appointment as guardian of the estate (conservator). After notice and a hearing, the court grants you financial authority and requires you to file an inventory and periodic accountings to the court.

Where to find New Hampshire guidance and laws

New Hampshire posts statutes and court resources online. For the text of state statutes, start at the New Hampshire Revised Statutes Annotated site: https://www.gencourt.state.nh.us/rsa/html/. For court procedures, forms, and local information, see the New Hampshire Judicial Branch: https://www.courts.state.nh.us/. The court websites explain filing, notice, bond, inventory, and accounting rules that often accompany an estate appointment.

Helpful hints

  • Do not assume personal-care authority includes control over money. Confirm in the court order what powers you have.
  • If bills need to be paid immediately, explore short-term alternatives: representative payee for benefits, joint accounts if appropriate, or a court-issued emergency limited conservatorship.
  • Gather key documents before filing: bank statements, deeds, insurance policies, benefit paperwork (Social Security, VA, pensions), and any existing powers of attorney or advance directives.
  • Expect the court to require an inventory of assets and periodic accountings if you are appointed to manage the estate. Keep clear records and receipts from day one.
  • Courts often require a bond for estate fiduciaries. Ask whether bond can be waived or reduced and what the cost will be.
  • Consider less-restrictive alternatives first: durable power of attorney, representative payee, joint bank arrangements, or targeted limited guardianship/conservatorship that addresses only the specific needs.
  • If family members disagree, the court will weigh competing claims. Use mediation when possible to avoid contested hearings and delays.
  • Consult a New Hampshire attorney experienced with guardianship/conservatorship procedures for court filings, required forms, and strategy. If an attorney is not an option immediately, contact the court clerk for procedural guidance and local forms.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws and court procedures change over time and can vary by county and case. For advice about a specific situation in New Hampshire, consult a licensed attorney or contact the New Hampshire courts for local rules and forms.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.