Alternatives to Guardianship in New Hampshire

New Hampshire probate courts cannot grant a guardianship petition unless the petitioner proves — beyond a reasonable doubt — that no available less-restrictive alternative is suitable. This isn't a suggestion. RSA 464-A:9, III makes it a mandatory finding before the court can strip a person's legal rights. If you haven't explored and documented why alternatives won't work, the petition will likely fail.

The good news: for many families, the alternatives are not just a legal requirement to check off. They're genuinely better solutions that preserve your adult child's autonomy and cost a fraction of the guardianship process.

Supported Decision-Making (RSA 464-D)

Enacted in 2021, this is the newest and least restrictive option. Your child designates trusted supporters who help them access, understand, and communicate information for decisions. The critical distinction: supporters help with the decision-making process but don't make decisions for the person. Your child keeps every legal right.

Best for: Adults who can make decisions with help but struggle to process complex information independently. Works well for educational, medical, and daily living decisions where the person's judgment is sound but they need help gathering and understanding the information.

Cost: $0 if you draft it yourself using the DRCNH toolkit. Up to $500 if an attorney reviews it.

Limitations: Because it doesn't transfer authority, a supporter can't sign documents, access bank accounts, or consent to medical treatment on the person's behalf.

Durable Power of Attorney (RSA 564-E)

Your child voluntarily delegates specific financial authority to an agent — typically a parent. Under New Hampshire's Uniform Power of Attorney Act, a POA is durable by default, meaning the agent's authority survives the principal's later incapacity without any additional language required.

Best for: Adults who can understand the delegation of authority at the time of signing but may need someone to handle financial matters as their needs evolve. Covers bank accounts, bill payments, tax filings, benefit applications, and property management.

Cost: $200–$1,000 through an attorney. Templates exist online, but banks may reject non-standard forms.

Limitations: Requires capacity at the time of signing. If your child cannot understand what they're delegating, this tool isn't available without a court order.

Health Care Advance Directive (RSA 137-J)

Combines a healthcare proxy and living will into a single document. Your child designates an agent to make medical decisions if — and only if — a licensed physician or treating clinician determines they lack capacity for a specific decision. The agent's authority stays dormant as long as your child can communicate their own healthcare preferences.

Best for: Adults who generally manage their own healthcare but may need someone to step in for complex medical decisions or emergencies. This document also covers end-of-life treatment preferences.

Cost: $0–$300. Free forms are available online and from various healthcare organizations.

Limitations: Covers only healthcare decisions, not financial, educational, or daily living choices.

Educational Representative Delegation (Ed 1120.01)

At eighteen, IEP rights transfer from the parent to the student. But the adult student can sign a voluntary written delegation giving those rights back to a parent — the right to receive notices, attend meetings, and make placement decisions.

Best for: Students who are comfortable delegating IEP authority back to a parent while retaining independence in other areas of their life.

Cost: $0. The delegation form comes from the school district.

Limitations: Limited to educational rights under IDEA. Doesn't cover medical, financial, or other decisions.

Representative Payee

If your child receives SSI or other Social Security benefits, the SSA can designate a representative payee to manage those specific funds. This is an administrative process — no court involvement, no attorney, no filing fee.

Best for: Adults who need help managing government benefits specifically. The payee must use funds strictly for the beneficiary's basic needs and file annual reports with the SSA.

Cost: $0.

Limitations: Covers only federal benefits, not other income or assets.

Combining Alternatives

These tools aren't mutually exclusive. Many families use a combination: SDM for daily decisions, a durable POA for financial management, an advance directive for healthcare, and a representative payee for SSI. Together, these can cover every domain that a full guardianship would address — without a single court appearance.

The test for whether alternatives are sufficient: can your child be protected from substantial harm in every relevant domain using these tools? If yes, guardianship isn't legally available in New Hampshire regardless of whether you'd prefer it.

The New Hampshire Adult Guardianship & Alternatives Guide includes a decision worksheet that maps your child's specific functional abilities to the right combination of legal tools, with execution checklists for each document.

See more New Hampshire guides →