Section 464-A:4-a Nomination of Guardian for Incapacitated Persons for Whom Activated Member of the Armed Services is Guardian.
I. Any member of the United States armed services, whether a member of an active component, reserve component, or national guard unit of the army, air force, navy, marines, or coast guard who is ordered to active duty outside of the state of New Hampshire with the armed forces of the United States or state militia of any state and who is the guardian of an incapacitated person may nominate a successor guardian of the person with the same powers and duties of a guardian of the person under RSA 464-A:25.
II. The document nominating the guardian shall have the effect of an order appointing a temporary guardian under RSA 464-A:12, except that it shall expire 7 days after activation or when a guardianship has been granted by the court, whichever is sooner. Upon activation, the individual nominated guardian shall petition for appointment of a guardian of the person within 7 days in the county where the original guardianship was granted. The petitioner shall append to the petition copies of the nomination document and the member's activation orders. The petition for appointment of a guardian shall be processed, heard, and adjudicated in the same manner as other guardianships filed under this chapter. All fees for the filing of the petition for the appointment of a guardian under this section shall be waived.
III. Nomination of a guardian of the person by an activated member of the armed services shall be made by using a properly executed nomination document to which a certified copy of the existing guardianship order shall be attached. The document nominating the guardian shall contain the following:
(a) Name and address of the armed forces member.
(b) Name and address of the person nominated the guardian.
(c) Name and address of the ward.
(d) The following language:
Know all persons that I __________, currently residing at __________, by this document do consent to the appointment of __________, whose address is __________, as the successor guardian of __________, thereby waiving notice of the petition. This document shall grant the person nominated the same powers and duties of a guardian of the person under RSA 464-A:25 for 7 days from the date of my activation or until the probate court grants a guardianship, whichever is sooner. A copy of my activation orders must accompany this document for it to be valid.
IV. The legal guardian's signature shall be witnessed by a third party and the signatures of the witness and legal guardian shall be acknowledged by a notary public.
V. Upon receipt of a petition to terminate a substitute guardianship created under this section filed by the service member, the court shall terminate the substitute guardianship.
Source. 2002, 239:3, eff. May 17, 2002.