How to File for Adult Guardianship in New Hampshire

Filing for adult guardianship in New Hampshire is a multi-step probate court process with strict procedural requirements. Miss a step — or get the sequence wrong — and your petition can be delayed by weeks or dismissed entirely. Here's how the process actually works, from preparation through the court hearing.

Before You File: The Preparation Phase

Filing a guardianship petition should be the last step in a planning process that began months earlier. Under RSA 464-A, the Probate Division requires proof that less-restrictive alternatives to guardianship were explored and found unsuitable before it will grant a petition. That means you should already have evaluated supported decision-making, powers of attorney, and other options.

You also need to gather behavioral evidence of the proposed ward's functional limitations. The statute requires this evidence to fall within two windows: all documented incidents must have occurred within six months of filing, and at least one incident must be within twenty days of filing.

Step 1: Prepare Your Documents

You'll need these forms and documents before filing:

• Petition for Guardian of Incapacitated Person (Form NHJB-2165-Pe) — the core filing document
• Statement of Facts — a separate document detailing the proposed ward's functional limitations with specific behavioral examples within the statutory timeframes
• Criminal Record Release (Form NHJB-2171-FP) — required for the proposed guardian's background check
• Clinical evaluation — from a licensed physician, psychologist, or APRN documenting the ward's functional capacity (note: this is separate from the medical affidavit, which only addresses whether the ward can attend the hearing)

If you can't afford the filing fee, prepare a Motion to File Without Prepayment of Fees (Form NHJB-2029-DFP) as well.

Step 2: File Electronically via TurboCourt

All guardianship petitions must be filed electronically through the TurboCourt portal. You'll select the Probate Division of the Circuit Court in the county where the proposed ward resides. The filing fee is $260, plus a mandatory $30 electronic case-filing surcharge. Card payments through TurboCourt add a 3% transaction fee.

Upload the petition, statement of facts, and supporting documents as PDF attachments. TurboCourt assigns a case number once the filing is accepted.

Step 3: Service on the Proposed Ward

After filing, the proposed ward must be personally served with the petition and notice of hearing. Service must be completed at least fourteen days before the scheduled hearing date. In New Hampshire, this means in-hand delivery — mail service is not sufficient for guardianship petitions.

You can arrange service through the county sheriff's office.

Step 4: Court-Appointed Counsel

Once the petition is filed, the Probate Division immediately appoints legal counsel for the proposed ward. This is a constitutional protection — the proposed ward has the right to independent legal representation regardless of their capacity level. The court-appointed attorney represents the ward's expressed wishes, not what the petitioner or family believes is best.

Step 5: The Probate Hearing

At the hearing, the petitioner must prove four statutory findings beyond a reasonable doubt — the highest standard of proof in the American legal system:

1. The proposed ward has functional limitations that impair their ability to manage daily living activities
2. These limitations make the ward likely to suffer substantial harm
3. Less-restrictive alternatives have been explored and are unsuitable
4. The proposed guardianship is the least restrictive intervention necessary

The court reviews the behavioral evidence, hears testimony from the petitioner and any witnesses, and considers the court-appointed attorney's arguments on behalf of the ward. If the petition is granted, the judge issues Letters of Guardianship specifying exactly which decision-making powers are transferred. Under RSA 464-A:9, IV, the court must impose a limited guardianship whenever possible, preserving all rights not explicitly removed.

After the Hearing

If appointed, you'll need to:

• File the fiduciary bond required by the appointment order
• Begin annual reporting obligations — Form NHJB-2166-P for person guardianship and Form NHJB-2160-P for estate guardianship
• Coordinate with the ward's existing service providers, Area Agency, and any SSI/benefits accounts

Getting the Process Right the First Time

The most common reason guardianship petitions are delayed in NH is incomplete or improperly timed evidence. The New Hampshire Guardianship & Alternatives Guide includes a filing checklist aligned with the Probate Division's requirements, an evidence tracker for the six-month and twenty-day windows, and step-by-step instructions for completing each required form.

See more New Hampshire guides →