Cost of Guardianship in New Hampshire: Filing Fees, Attorney Costs, and Ongoing Expenses

Guardianship in New Hampshire is not a one-time expense. The initial filing costs are only the beginning — clinical evaluations, attorney fees, sheriff service, background checks, and mandatory annual reporting create an ongoing financial obligation that most families don't budget for.

Court Filing Fees

Base petition fee: $260.00 to file a Petition for Guardian of Incapacitated Person under RSA 464-A. This is set by the New Hampshire Supreme Court under Circuit Court Rule 169.

E-filing surcharge: All electronic transactions paid by credit or debit card carry a mandatory 3% processing surcharge. On the $260 filing fee, that's $7.80 — small, but it applies to every court transaction.

Fee waiver: If you can't afford the filing fee, you can file a Motion to Reduce or Eliminate Fees (Form NHJB-3234-DFP). You'll need to submit a comprehensive financial statement documenting your inability to pay.

Background Check Costs

Within 10 days of filing, the proposed guardian and every adult in their household must complete:

• DHHS Record Release (Form NHJB-2171-FP): No direct fee
• State Police Criminal Record Release: $6.50 per name searched

If multiple adults live in the proposed guardian's household, these costs multiply.

Clinical Evaluation

The court requires an independent clinical evaluation by a licensed physician, psychologist, or psychiatric APRN. This is often the largest upfront cost after attorney fees.

The evaluation must document functional limitations, analyze ADL and IADL capabilities, and provide a professional opinion on whether less restrictive alternatives are suitable. Depending on the evaluator and the complexity of the parent's condition, expect costs between $500 and $2,500.

Insurance may cover the medical examination component, but the legal opinion and formal written report for the court typically aren't covered.

Attorney Fees

While New Hampshire allows self-represented guardianship filings through TurboCourt, the beyond-a-reasonable-doubt evidentiary standard makes attorney representation strongly advisable. Typical attorney costs:

• Uncontested guardianship: $2,000-4,000 for a flat-fee engagement covering petition preparation, hearing attendance, and post-appointment documentation
• Contested guardianship: $5,000-15,000+ when family members object or the ward's court-appointed defense counsel opposes the petition. Contested cases involve witness preparation, cross-examination, and potentially multiple hearings.

The court also appoints independent defense counsel for the proposed ward under RSA 464-A:6 — and may appoint a Guardian ad Litem to investigate. These costs are paid from the ward's estate, not the petitioner's pocket, but they reduce the assets available for the parent's care.

Service of Process

The court requires in-hand service of the petition on the proposed ward by a county sheriff or authorized process server. Sheriff service fees vary by county but typically run $25-75.

Ongoing Annual Costs

Guardianship costs don't stop at appointment:

• Annual Fiduciary Accounting Fee: $105.00 per year for filing the Guardian's/Conservator's Accounting (Form NHJB-2160-P)
• Fiduciary bond premiums: If the court requires a commercial bond with corporate sureties, annual premiums depend on the size of the ward's estate — typically 0.5% to 1% of the bond amount
• Attorney fees for annual reports: If you use an attorney to prepare the accounting, expect $500-1,000 per year

The Total Cost Picture

For an uncontested guardianship case, a realistic total first-year budget looks like:

Contested cases can easily double or triple the attorney fee component.

The Alternative: A Power of Attorney

By comparison, a durable power of attorney under RSA 564-E costs nothing beyond the notarization fee — typically $10-25. No filing fees, no attorney requirement, no annual reporting, no bond. But this option is only available while your parent still has cognitive capacity.

The New Hampshire Power of Attorney & Guardianship Kit helps families pursue the least expensive path first and provides complete guardianship filing guidance when the court pathway becomes necessary.

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