Section 464-A:25 General Powers and Duties of Guardian of the Person.
I. A guardian of an incapacitated person has the following powers and duties, except as modified by order of the court:
(a) To the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, the guardian shall be entitled to custody of the ward and may establish the ward's place of abode within or without this state. Admission to a state institution shall be in accordance with the following:
(1) A guardian may admit a ward to a state institution with prior approval of the probate court if, following notice and hearing, the court finds beyond a reasonable doubt that the placement is in the ward's best interest and is the least restrictive placement available. Authorization for such admission shall not be time limited unless the court so orders. Authority to admit a ward to a state institution with prior approval under this subparagraph shall not be subject to the limitations contained in RSA 464-A:25, I(a)(2) through (4).
(2) A guardian may admit a ward to a state institution without prior approval of the probate court upon written certification by a physician licensed in the state of New Hampshire, or, in the case of placement in New Hampshire hospital, by a psychiatrist licensed in the state of New Hampshire, that the placement is in the ward's best interest and is the least restrictive placement available. Within 36 hours, excluding Saturdays, Sundays and legal holidays, of such an admission of a ward to a state institution, the guardian shall submit to the probate court notice of the admission and the reasons therefor, together with a copy of the certificate by the physician or psychiatrist. The court shall promptly appoint counsel for the ward and provide copies of the notice and related documents to the ward and the appointed counsel. For purposes of proceedings under this subparagraph, the ward shall have the right to legal counsel in the same manner as provided in RSA 464-A:6. The court shall also provide the ward a notice stating that the ward has the right to appointed counsel, the right to oppose the admission by the guardian, and the right to a hearing and to present evidence at that hearing. A guardian may not admit a ward to a state institution for more than 60 days for any single admission or more than 90 days in any 12-month period upon certification of a physician or psychiatrist without filing a petition requesting approval of the probate court.
(3) Approval by the probate court of an admission to a state institution shall also authorize any readmission which occurs within 60 days of discharge from such institution. For purposes of this subparagraph, security staff at New Hampshire hospital or any other law enforcement official shall be authorized to transport the ward to New Hampshire hospital, upon presentation by the guardian of letters of guardianship over the person together with the certificate of the psychiatrist.
(4) At any time, the ward or counsel for the ward may request a hearing on the admission to a state institution without prior approval of the probate court, at which the guardian shall have the burden of proving, beyond a reasonable doubt, that the placement is in the ward's best interest and is the least restrictive placement available. The hearing shall be held within 15 days, excluding Saturdays, Sundays and legal holidays, from the date that the hearing is requested.
(b) If entitled to custody of the ward, a guardian shall make provision for the care, comfort and maintenance of the ward, and, whenever appropriate, arrange for the ward's training, education or rehabilitation. The guardian shall take reasonable care of the ward's clothing and personal effects.
(c) A guardian shall file an annual report with the probate court, unless the court finds that such report is not necessary.
(d) A guardian of the person may give any necessary consent or approval to enable the ward to receive medical or other professional care, counsel, treatment, or service or may withhold consent for a specific treatment, provided, that the court has previously authorized the guardian to have this authority, which authority shall be reviewed by the court as part of its review of the guardian's annual report. No guardian may give consent for psychosurgery, electro-convulsive therapy, sterilization, or experimental treatment of any kind unless the procedure is first approved by order of the probate court.
(e) If a ward has previously executed a valid living will, under RSA 137-J, a guardian shall be bound by the terms of such document, provided that the court may hold a hearing to interpret any ambiguity in such document. If a ward has previously executed a valid durable power of attorney for health care, RSA 137-J shall apply.
(f) Upon a finding that ensuring treatment compliance is in the best interest of a ward, the probate court may authorize a guardian appointed pursuant to RSA 464-A, to request the assistance of any law enforcement official to restrain or transport, or both, the ward to receive appropriate treatment.
(g) A guardian may authorize a health care provider to restrain or forcibly administer treatment, or both, to the ward, subject to any limitations imposed by the court.
(h) A guardian shall act with respect to the ward in a manner which safeguards to the greatest extent possible the civil rights of the ward, and shall restrict the personal freedom of the ward only to the extent necessary.
II. The court may limit the powers of the guardian of the person or impose additional duties if it deems such action desirable for the best interests of the ward.
Source. 1979, 370:1. 1983, 409:6. 1990, 212:1. 1993, 152:8, eff. Jan. 1, 1994. 2005, 67:1, eff. Jan. 1, 2006. 2006, 302:4, eff. Jan. 1, 2007.