Chapter 547-B: Public Guardianship and Protection Program

The purpose of this chapter is to provide guardianship and protection services where such services are required by law and are otherwise unavailable.

There is hereby established a public guardianship and protection program which shall operate in accordance with the provisions of this chapter.

I. Notwithstanding any other provision of law to the contrary, when nomination of a guardian is required under RSA 135-C:60 or RSA 171-A:10, and there is no relative, friend, or other interested person available, willing, and able to serve in such a capacity, the probate court may appoint the public guardianship and protection program as guardian of the person, estate, or both person and estate, as may be deemed appropriate.

II. In other instances when guardianship services are required and there is no relative, friend, or other interested person available, willing, and able to serve in such a capacity, the probate court may appoint the public guardianship and protection program as guardian of the person, estate, or both person and estate, as may be deemed appropriate, provided that there are funds available to pay for such services.

Except as limited by law or court order, the public guardianship and protection program shall have the same powers and duties as those granted to private guardians or conservators, pursuant to RSA 464-A. The public guardianship and protection program shall file annual reports with the probate court for each person for whom it is appointed guardian or co-guardian as provided in RSA 547-B:5. The reports shall be reviewed by the court to insure that the public guardianship and protection program is complying with all requirements of state and federal law, that the ward is receiving appropriate care and services, and that the highest ethical standards are being maintained.

At the request of a relative, friend, or other interested party, the public guardianship and protection program may, in the discretion of the probate court, be appointed co-guardian. Both co-guardians shall make themselves readily available to each other to consult with each other, to gather and share all relevant information, and to plan and decide procedures which execute the powers and duties assigned by the appointing court. Disagreements shall be resolved upon petition by decision of the court, prior to which emergency decisions by the public guardianship and protection program shall prevail. Absence or unavailability of either co-guardian empowers the other to act in the capacity of guardian.

I. The department of health and human services, with the approval of the governor and council, shall contract with one or more organizations approved by the New Hampshire supreme court which shall be designated the public guardianship and protection program and which shall provide guardianship services pursuant to RSA 464-A, as required by RSA 135-C:60 and RSA 171-A:10. The contract shall fix the cost per guardianship and shall permit the contracting organization to subcontract for such consulting services as may be necessary to carry out the program's guardianship responsibilities. The compensation for operation of the public guardianship and protection program shall be such sums as may be fixed by the contract, subject to the appropriations made therefor.

II. The contract may provide for protection services other than guardianship services when such services are consistent with the intent of RSA 464-A. The contract shall set forth an appropriate rate for such services, if provided. Such protective services may include, but not be limited to, power of attorney, client representation, or service as a conservator, representative or protective payee, but shall not include direct service delivery.

Nothing in this chapter shall prevent an organization designated as a public guardianship and protection program from providing guardianship or other services to any individual when such services are not mandated by RSA 135-C:60 or RSA 171-A:10, except that no funds furnished under a contract entered into pursuant to RSA 547-B:6 shall be expended for services provided to such other individuals.

Except in cases of indigency as determined by the probate court, the cost of services rendered under this chapter shall be borne solely by the person or the estate of such person receiving such services. The office of reimbursements established by RSA 126-A:33 is hereby authorized to seek reimbursement from such person or the estate of such person for the actual cost to the state of services rendered.