Free Instructions - New Hampshire


File Size: 32.3 kB
Pages: 3
Date: March 18, 2008
File Format: PDF
State: New Hampshire
Category: Probate
Author: MHP
Word Count: 1,552 Words, 9,199 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.courts.state.nh.us/forms/nhjb-2162-p-instructions.pdf

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Instructions for completing Petition for Guardian of Minor
(NHJB 2162-P) Form use. This form is used when asking the court to appoint a guardian for a minor child under RSA 463.

Top section of form ·COURT NAME: Enter the name of the county probate court where the document will be filed. (example: Belknap County Probate Court; Rockingham County Probate Court). ·CASE NAME: Enter the name of the case (example: Guardianship of John Adams; Guardianship of Susan Jones). ·CASE NUMBER: Leave blank if not yet assigned by court OR fill in case number if it is known. Numbered section of form 1. Check off only one box, which describes the type of guardianship you are asking the court to grant. There are three options: person only, estate only, person and estate. · Guardianship over the Person Only would be used if the proposed guardian will provide for the general care and welfare of the minor child. · Guardianship over the Estate Only would be used if the proposed guardian will manage the assets (estate) of the minor child. · Guardianship over the Person and Estate Only would be used if the proposed guardian will provide for the general care and welfare of the minor child and also manage the assets (estate) of the minor child. Petitioner name is the name of the person filing the petition. Enter that person's name, telephone number and complete mailing address with zip code. The minor is the person under 18 years of age who will be under guardianship. Examples of relationship to the minor are father, mother, grandmother, aunt, friend, etc. If there are co-petitioners, the second person's name, telephone number and address information should be included under #2. 3. Complete this section ONLY if the petitioner has an attorney helping with this case. Enter his or her name, telephone number and complete mailing address including zip code. Check off the one box, which indicates whether or not the minor is under OR over the age of fourteen. Enter the minor's legal name, date of birth and mailing address and telephone number. Also indicate any alternate names by which the minor might be known and any other address, if applicable. A certified copy of the minor's birth certificate must be attached to this form. Enter the names of the minor's natural parents. If both parents are deceased, attach a certified copy of their death certificates and a list of names and addresses of the minor's grandparents, adult brothers and sisters, aunts and uncles. · Father name is the name of the minor's birth father. Enter father's name, date of birth, mailing address, telephone number and residence address, if different from mailing address. · Mother name is the name of the minor's birth mother. Enter mother's name, date of birth, mailing address, telephone number and residence address, if different from mailing address.

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NHJB-2162-P Instructions (02/01/2008)

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Proposed guardian name is the name of the person who will provide for the care and welfare of the minor child and/or manage the assets (estate) of the minor child. Also enter their date of birth, relationship to minor, occupation, complete mailing address and telephone number. If there is a second proposed guardian, enter their name, date of birth, relationship to minor, occupation, mailing address and telephone number.

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Any person who has had care and custody of the minor during the 60 days before this petition is filed should be listed in this space. Enter the name, relationship to minor, complete mailing address and telephone number. If a person is nominated as guardian of the minor in the will of a deceased parent, enter that person's name, relationship to minor, complete mailing address and telephone number. Check off either the `yes' or `no' box to indicate whether or not there are any pending court cases involving this minor child or the parents of the minor. (See the list of types of court cases at #9 on the form.) If yes, identify and explain each case on a separate sheet. Check off either the `yes' or `no' box to indicate whether or not an adoption of the minor is being considered by the proposed guardian (s). Check off either the `yes' or `no' box to indicate whether or not the minor is eligible to receive local, state or federal benefits or entitlements, such as social security benefits, Medicaid, AFDC (aid to families with dependent children), Healthy Kids insurance, etc. Check off either the `yes' or `no' box to indicate whether or not there is a child support order. · If yes, check off either the `yes' or `no' box to indicate if the support is being collected by Child Support Services, OR · If no, check off either the `yes' or `no' box to indicate if you are seeking an order for child support as part of this guardianship. Check off either the `yes' or `no' box to indicate whether or not there is an existing visitation order. If yes, attach a copy of that order to this petition. Check off either the `yes' or `no' box to indicate whether or not there is any reason that the minor should not visit with his/her parents. If yes, state the reason(s) clearly and specifically on the lines provided. Check off either the `yes' or `no' box to indicate whether the Department of Health and Human Services is seeking this guardianship as part of a permanency plan according to the Adoption and Safe Families Act. Check off either the `yes' or `no' box to indicate if this child is an American Indian as defined by the Indian Child Welfare Act. If yes, enter the name and address of the tribe in the space provided. Check off either the `yes' or `no' box to indicate if the tribe is recognized by the federal government as eligible for federal services or certain Alaskan native corporations. Check off either the `yes' or `no' box to indicate whether or not this petition is filed in conjunction with a settlement of minor's action. If yes, a copy of the petition or proposed petition and all supplemental documentation to be filed with the Superior or District Court must be attached to this document. See Probate Court Rule 111 for
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NHJB-2162-P Instructions (02/01/2008)

important information about guardianships that are necessary because of settlements on behalf of minors. 18. Only if applying for guardianship over the minor's estate, enter the description and approximate value of Real Estate owned by minor, if any, on the lines provided. List the minor's Personal Property, such as cash, bank accounts, vehicles, etc. and enter the total approximate value on the line provided. If applicable, enter all Income the minor receives including local, state and federal benefits, and enter the total value on the line provided. List all the Debts incurred by the minor and enter the total amount owed on the line provided. Only if applying for guardianship over the minor's estate, the petitioner must name an appraiser to take an inventory and appraise the estate of the minor. The appraiser named must reside in New Hampshire, have no interest in the estate, no relationship to the minor and may not be a party to this minor guardianship case. Enter the name, occupation and address of the appraiser on the lines provided. Enter the reasons that the appointment of a guardian is in the best interests of the minor by stating specific facts. Additional pages may be attached, if necessary. The petitioner must check off what type of guardianship order(s) is being requested, either for temporary orders and/or permanent orders. Explain clearly the reasons for your request, and number each reason separately. It is important to note that temporary orders usually do not extend beyond 30 days. Complete this section Only if you are requesting Ex Parte (emergency) Relief. Ex parte means not providing notice to the other parties involved in the minor's life. Ex parte relief is generally requested if, the minor would likely suffer immediate or irreparable harm or injury if his emergency relief is not given. The petitioner(s) must enter statements here or attach an affidavit/statement under oath stating specific facts. Request For Ex Parte Orders ­ The petitioner(s) request the following ex parte (emergency) relief be granted. On the lines provided or on a separate sheet, state clearly and number separately your requests to the court.

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Signature section This form must be signed in the presence of a Notary Public or Justice of the Peace. They will complete the section immediately following your signature. You will sign the form on the Petitioner's Signature line, and date it in the appropriate space to the left. If there are two petitioners, both petitioners must sign and date the form. Consents Do not complete this section. It will be done at the hearing. Order This section will be completed by the judge after a hearing is held.

Review the completed form for accuracy prior to filing it with the court. If completing this form on-line, some fields may be filled in automatically based on entries in other fields. If more space is needed for any question, please attach additional sheets of paper.

NHJB-2162-P Instructions (02/01/2008)

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