NH Probate Court Guardianship Forms: Complete Filing Guide

New Hampshire's guardianship filing process requires at least seven distinct forms filed in a specific sequence — and missing one or filing in the wrong order can delay your case by weeks. The Probate Division of the Circuit Court administers all adult guardianship cases under RSA 464-A, and since 2021, electronic filing is mandatory for all new cases.

Here's every form you need, in the order you need to file them.

The Filing Sequence

Step 1: The Petition (NHJB-2165-Pe)

The "Petition for Guardian of Incapacitated Person" (Form NHJB-2165-Pe) is your entry point. This form asks for:

• Identity and residence of the proposed ward (your parent)
• The specific functional limitations you're alleging
• Why less restrictive alternatives like power of attorney aren't viable
• Whether you're seeking guardianship of the person, the estate, or both
• Names and addresses of all interested parties (siblings, spouse, other adult children)

E-filing requirement: Self-represented petitioners must file through the TurboCourt platform. Licensed attorneys use File & Serve. Paper filing is no longer accepted for new guardianship cases.

Filing fee: $260.00 base fee, plus a mandatory 3% electronic transaction surcharge on credit/debit card payments. If you can't afford the fee, file Form NHJB-3234-DFP (Motion to Reduce or Eliminate Fees) with a financial statement.

Step 2: Background Clearances (Within 10 Days)

Within 10 days of filing the petition, every proposed guardian and every adult living in their household must submit two background checks:

DHHS Record Release (NHJB-2171-FP): Checks for histories of adult abuse, child abuse, and neglect through the Department of Health and Human Services.

State Police Criminal Record Release (Form DSSP 256): Checks for disqualifying criminal convictions through the Division of State Police. A research fee of $6.50 per name applies.

Any history of financial fraud, exploitation, or physical violence disqualifies a proposed guardian. The court reviews these records upon receipt — don't wait for results before filing the petition, but be prepared for potential disqualification.

Step 3: Clinical Evaluation

You'll need a current, independent clinical evaluation of your parent by a licensed physician, psychologist, or psychiatric APRN. The evaluator must:

• Have personally examined your parent within the active 6-month evidentiary window
• Document the specific cognitive or physical disorder
• Analyze functional limitations in daily activities
• Provide a formal opinion on whether less restrictive alternatives are suitable

This evaluation is your most critical piece of evidence. The court requires proof of incapacity "beyond a reasonable doubt" — a diagnosis alone isn't enough.

Step 4: Service of Process

Once the court issues an Order of Notice, your parent must be personally served "in-hand" by a county sheriff or authorized process server. Service by certified mail, regular mail, or family members is legally invalid and will get the case dismissed.

All other interested parties receive notice via certified or regular mail.

Step 5: Post-Appointment Forms

If the court grants your petition, two more forms are required before you can act:

Fiduciary Bond (NHJB-2137-P): A legal promise that you'll replace any estate funds lost through your neglect or wrongdoing. For significant estates, the court may require a commercial bond purchased from a licensed insurance agency.

Appointment of Resident Agent (NHJB-2120-P): Required if you live outside New Hampshire — designates a state resident to accept legal documents on your behalf.

Ongoing Reporting Requirements

Guardianship doesn't end at appointment. Annual reporting is mandatory:

Annual Report of Guardian of the Person (NHJB-2166-P): Documents the ward's living situation, health status, and care plan. Due annually on the appointment anniversary.

Guardian's/Conservator's Accounting (NHJB-2160-P): Detailed financial accounting of all income, expenditures, and assets managed for the ward. Carries a $105.00 annual filing fee.

Failure to file annual reports can result in the court revoking your appointment.

Where to Find These Forms

All forms are available through the NH Judicial Branch website under Circuit Court > Probate Division > Guardianship Forms. The e-filing portals (TurboCourt for self-represented, File & Serve for attorneys) contain the forms within their filing workflows.

The New Hampshire Power of Attorney & Guardianship Kit provides the complete filing sequence with a step-by-step checklist, including what to include in each form field and how to prepare the clinical evaluation.

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