Guardian of Incapacitated Adult

Timely estate planning will eliminate the need for a guardianship of an incapacitated adult. If a competent adult has executed a durable power of attorney for health care and a general durable power of attorney, there is no need to seek a guardianship over that person once the person has become incompetent. Unfortunately, sometimes people do not realize the need for disability planning until it is too late. In those circumstances, it is often necessary for family members or close friends to seek guardianship over their loved one. Ansell & Anderson will assist you in obtaining a guardianship, when necessary, and will assist the guardian in filing the annual reports and accounts in the Probate Court.

Guardian of Minor and Minor's Settlements

Under New Hampshire law, a minor does not have the capacity to acknowledge receipt of funds. When it is anticipated that a tort settlement may be available to a minor, a guardian of the estate must be appointed to receive, administer, and account to the Probate Court for the funds. As with guardianships over incapacitated adults, we will assist the guardians in complying with the duties imposed by law. Ansell & Anderson will also assist you in deciding whether the tort settlement proceeds should be held as part of the guardianship estate, in a special needs trust or in an irrevocable trust that will preserve the settlement for the benefit of the minor during his or her adult years.

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