Section 464-A:40 Termination of Guardianship.
I. A guardianship of the person or of the estate shall terminate upon order of the court, the death of the ward, or upon a finding by the court that the ward is no longer incapacitated.
II. (a) The ward or any person interested in the ward's welfare may, at any time, file a motion for the termination of the guardianship based upon a finding that the ward is no longer incapacitated. Provided, however, an order adjudicating incapacity may specify a minimum period, not exceeding one year, during which no motion concerning such adjudication may be filed without special leave.
(b) A ward may request the termination of the guardianship based on a finding that he or she is no longer incapacitated in an informal letter to the court or judge. Persons directly responsible for the care and supervision of the ward may assist the ward in preparing a letter of this kind. Any person who knowingly interferes with a transmission made by, or on behalf of, a ward to the court or judge may be adjudged guilty of contempt of court.
(c) Unless the motion is without merit, the court shall hold a hearing similar to that provided for in RSA 464-A:8 and RSA 464-A:9 at which the guardian shall be required to prove that the grounds for appointment of a guardian provided in RSA 464-A:9 continue to exist.
III. Upon termination of a guardianship of the estate, the guardian shall file a final account with the court within 90 days after the date of termination, or as ordered by the court. When the guardianship is terminated as a result of the ward's death, the guardian shall include a copy of the death certificate. Upon approval of the account, the guardian shall be discharged and his or her bond released.
IV. Upon termination of a guardianship of the person resulting from the death of the ward, the guardian shall provide a copy of the death certificate to the court within 30 days of the ward's death. Upon receipt of the death certificate, the guardian shall be discharged.
Source. 1979, 370:1. 2001, 146:7, eff. Jan. 1, 2002.