guardianship law

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    Is It Time to Get a Guardianship Over My Incapacitated Loved One?

    ByParnell, Michels & McKay Law Offices Hours

    A guardian is a person who has been appointed by the Probate court to have care and custody of an incapacitated person (also called the “Ward”) by a court order. If there is a less restrictive means in place to assist the proposed ward, such as a health care power of attorney or a financial power of attorney signed by the proposed ward while competent, this is preferable than a guardianship. The guardian may be appointed over the person allowing the Guardian to determine the ward’s health care decisions and determining where a ward may live. And in some circumstances, with Court approval, the guardian may be able to admit the ward to a nursing home or other institution. A guardian can also be appointed…

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    Guardianship of Minors and the Opioid Crisis

    ByParnell, Michels & McKay Law Offices Hours

    The Opioid Crisis has gripped our nation for several years. However, news agencies and governmental bodies have only begun taking steps in recent years to help stem the tide. This past summer, New Hampshire made waves for becoming the first state in the country to provide grandparents preferential treatment to obtain a guardianship over their minor grandchildren when the parents suffer from substance abuse. The law came into effect on January 1, 2018.The framework for Guardianship Law in New Hampshire can be found in RSA 463. New Hampshire Law provides for two forms guardianships: Person or Estate. Guardianship of another’s person means the Guardian is responsible for decisions ensuring the safety and well-being of the child as aligned in accordance with the child’s best interest….

  • Grandparent Visitation Rights

    ByParnell, Michels & McKay Law Offices Hours

    Family law incorporates a number of intermingled and particular issues, often wracked with emotional turmoil and questions over a variety of rights. Grandparent Visitation is one such area. Strained family relationships can lead to parents cutting off contact between a grandparent and a grandchild. Fortunately, New Hampshire’s laws can provide some relief to grandparents in distress. Grandparent Visitation Rights are governed under RSA 461-A:13. While Courts in the state consider a number of factors, two factors are weighed more heavily than others. Courts will consider what is in the best interest of the child and whether the visitation would interfere with the parent-child relationship or the parent’s authority. As a general rule, a parent’s decision governs this issue. Still, the New Hampshire Legislature and Courts…

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    Modifying Your Parenting Plan In New Hampshire: Case Law v. Statutes

    ByParnell, Michels & McKay Law Offices Hours

    In 2009, a decision was reached by the New Hampshire Supreme Court In the Matter of Muchmore and Jaycox. The decision was based on the modification of parenting plan statute, titled RSA 461-A:11. At the time Muchmore was decided, the statute provided that only a substantial change in circumstances could justify a change to the parenting plan. In Muchmore, the father petitioned for a change in the parenting plan because it was in the best interests, he posited, of the minor child. The lower Court decided that a modification was appropriate, and granted his request. Our New Hampshire Supreme Court reversed, citing a strict application of the statute. The result was frustration by legal minds around New Hampshire, as the bar to hurdle for a…