New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 463:15 (2024)
Termination of Guardianship
✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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463:15 Termination of Guardianship. –
I. A guardianship of the person or of the estate of a minor shall terminate upon order of the court, the death of the minor, the minor's eighteenth birthday, a finding by the court that the minor has been emancipated under relevant state law, or upon the issuance of a final decree of adoption. The guardian shall provide written notice to the court of termination resulting from the death of the minor, or the minor's eighteenth birthday, within 30 days of the event giving rise to termination. Failure to provide timely notice does not imply consent to the extension of jurisdiction pursuant to paragraph II.
II. Notwithstanding the provisions of paragraph I, the court may, with the continuing consent of the minor, retain jurisdiction over a minor:
(a) For whom the department has recommended extension of the court's jurisdiction;
(b) Who has, prior to the minor's eighteenth birthday, consented to the court's retention of jurisdiction;
(c) Who is attending high school and who is considered likely to complete high school; and
(d) For whom the department has previously been appointed guardian.
III. (a) Retention of the court's jurisdiction shall continue until the conditions of either subparagraph (1) or (2) are met, whichever occurs first:
(1) When the minor:
(A) Revokes consent in writing and the revocation has been approved by the court;
(B) Completes high school;
(C) Attains 21 years of age; or
(D) Dies.
(2) The department revokes its consent to extended jurisdiction in writing and the revocation is accepted by the court.
(b) The court shall approve the minor's revocation of consent if it finds that the minor, in seeking to do so, is acting intelligently, knowledgeably and in acceptance of the legal consequences.
IV. Any person interested in the welfare of the minor may petition for the termination of the guardianship of the estate. Any minor under guardianship of the person who is 14 years of age or older, or any person interested in the welfare of the minor, may petition for the termination of the guardianship of the person.
V. (a) Except as otherwise provided in subparagraph (b), guardianship of the person shall be terminated upon a showing, by a preponderance of the evidence, that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor and termination of the guardianship will not adversely affect the minor's psychological well-being.
(b) In a proceeding to terminate a guardianship established by consent, the burden of proof shall shift to the guardian to demonstrate by clear and convincing evidence that substitution or supplementation of parental care and supervision is necessary to provide for the essential physical and safety needs of the minor and that termination of the guardianship will adversely affect the minor's psychological well-being.
(c) Subparagraph (b) shall not apply if guardianship of the person was granted to a grandparent as the result of the parent's substance abuse or dependence. In such cases, the burden of proof shall be on the parent to demonstrate by a preponderance of the evidence that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor and termination of the guardianship will not adversely affect the minor's psychological well-being.
I. A guardianship of the person or of the estate of a minor shall terminate upon order of the court, the death of the minor, the minor's eighteenth birthday, a finding by the court that the minor has been emancipated under relevant state law, or upon the issuance of a final decree of adoption. The guardian shall provide written notice to the court of termination resulting from the death of the minor, or the minor's eighteenth birthday, within 30 days of the event giving rise to termination. Failure to provide timely notice does not imply consent to the extension of jurisdiction pursuant to paragraph II.
II. Notwithstanding the provisions of paragraph I, the court may, with the continuing consent of the minor, retain jurisdiction over a minor:
(a) For whom the department has recommended extension of the court's jurisdiction;
(b) Who has, prior to the minor's eighteenth birthday, consented to the court's retention of jurisdiction;
(c) Who is attending high school and who is considered likely to complete high school; and
(d) For whom the department has previously been appointed guardian.
III. (a) Retention of the court's jurisdiction shall continue until the conditions of either subparagraph (1) or (2) are met, whichever occurs first:
(1) When the minor:
(A) Revokes consent in writing and the revocation has been approved by the court;
(B) Completes high school;
(C) Attains 21 years of age; or
(D) Dies.
(2) The department revokes its consent to extended jurisdiction in writing and the revocation is accepted by the court.
(b) The court shall approve the minor's revocation of consent if it finds that the minor, in seeking to do so, is acting intelligently, knowledgeably and in acceptance of the legal consequences.
IV. Any person interested in the welfare of the minor may petition for the termination of the guardianship of the estate. Any minor under guardianship of the person who is 14 years of age or older, or any person interested in the welfare of the minor, may petition for the termination of the guardianship of the person.
V. (a) Except as otherwise provided in subparagraph (b), guardianship of the person shall be terminated upon a showing, by a preponderance of the evidence, that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor and termination of the guardianship will not adversely affect the minor's psychological well-being.
(b) In a proceeding to terminate a guardianship established by consent, the burden of proof shall shift to the guardian to demonstrate by clear and convincing evidence that substitution or supplementation of parental care and supervision is necessary to provide for the essential physical and safety needs of the minor and that termination of the guardianship will adversely affect the minor's psychological well-being.
(c) Subparagraph (b) shall not apply if guardianship of the person was granted to a grandparent as the result of the parent's substance abuse or dependence. In such cases, the burden of proof shall be on the parent to demonstrate by a preponderance of the evidence that substitution or supplementation of parental care and supervision is no longer necessary to provide for the essential physical and safety needs of the minor and termination of the guardianship will not adversely affect the minor's psychological well-being.
Source. 1995, 222:1; 310:175. 1996, 248:8. 2017, 53:4, eff. Jan. 1, 2018.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1993–2023 · leading case: In re Guardianship of Reena D., 163 N.H. 107 (2011).
In re Guardianship of Reena D., 163 N.H. 107 (2011). “” RSA 463:15, V (2004). Ultimately, the court decided that the petitioner and his wife failed to meet this burden, and this appeal followed.”
Katz v. McVeigh, 931 F. Supp. 2d 311 (D.N.H. 2013). “See N.H.Rev.Stat. Ann. § 463:15, III(l)(e). c.”
In re Guardianship of Brittany S., 792 A.2d 384 (N.H. 2002). “’s parental rights to the care, custody and control of her daughter were already curtailed during the initial guardianship proceeding. A subsequent proceeding to terminate a previously ordered guardianship imposes no increased risk of further deprivation of parental rights.”
In re Guardianship of Matthew L., 58 A.3d 684 (N.H. 2012). “RSA 463:15, V governs the termination of both consensual and nonconsensual guardianships over minors.”
In re Jessie E., 627 A.2d 591 (N.H. 1993). “” RSA 463:15 (1992). Moreover, when revising a guardianship order, the court makes such “new order or decree as the circumstances of the parents or the benefit of the minor may require.”
In re Guardianship of Raven G., 66 A.3d 1245 (N.H. 2013). “The court first recited the standard for terminating a guardianship set forth in RSA 463:15, V (2004): The güardianship of the person shall be terminated upon a showing, by a preponderance of the evidence, that substitution or supplementation of parental care and supervision is…”
Katz, et al. v. McVeigh, et al., 2013 DNH 037 (D.N.H. 2013). “The court found that doing so was in Eleonora’s best interest because, among other things, she was “still not 8 Under New Hampshire law, a guardianship over a minor terminates upon his or her eighteenth birthday, N.H. Rev. Stat. Ann. § 463:15 , I , but a court can retain…”
In re Guardianship of Simard, 688 A.2d 74 (N.H. 1996). “The guardianship and the court’s authority end pursuant to RSA 463:15. See RSA 463:15 (Supp. 1996). Under an approved settlement incorporating an *529 inter vivos trust as the settlement trust document, the probate court retains exclusive jurisdiction over “the interpretation,…”
In re J.H., 313 A.3d 748 (N.H. 2023). “, there are avenues by which the guardianship can be terminated, see RSA 463:15, IV (2018) (termination of guardianship); see also In re O.”
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