Office of Public Guardian | Concord, NH
Guardians are Decision Makers
Few people want to be under guardianship. Guardianship should be the last resort to ensure the health and safety of a vulnerable adult. Given the gravity of the guardian’s responsibility, legal, ethical and professional standards exist to ensure guardians perform their duties with integrity.
The guardian shall perform duties and discharge obligations consistent with the requirements of the court appointing the guardian. The guardian shall exercise only those powers granted by the laws of the state and the powers granted by the order appointing the guardian. The guardian shall be familiar with any limitations on the guardian’s powers as set forth under the laws of the state and the limitations set forth in the order appointing the guardian. The guardian shall respect, and advocate for the person’s civil, constitutional, and personal rights, which have not been removed by the court.
The guardian shall:
- Make decisions in a manner which respects, and does not violate, the person’s civil, constitutional, and personal rights.
- Advocate for preservation and protection of the person’s civil, constitutional, and personal rights which have not been removed.
- Support the person in exercising any personal, civil and constitutional rights which have not been removed.
- Promptly apply to the court for instruction if the guardian believes that exercise of a person’s civil, constitutional, and personal rights would result in substantial harm to the person or the person’s estate.
Persons under guardianship have a right to exist in the least restrictive setting possible and to have their wishes considered, and followed as appropriate, as part of a guardian’s decision making.
Persons under guardianship in New Hampshire have the right to ask the court to terminate the guardianship at any time.