Section Gal 505.02 - Accounts(a) The requirements regarding accounts set forth in this section shall be in addition to, and shall not limit, any requirements regarding accounts or the handling of funds which may be imposed upon the guardian ad litem by any other law or professional code to which he or she may be subject.(b) Unless otherwise ordered by the court, and except as provided in paragraph (c) below, a guardian ad litem appointed to any case in which funds of any type are received shall deposit such funds in a trust account with any bank or savings and loan association authorized to do business in the state of New Hampshire and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.(c) The provisions of (b) above shall not apply to payments received by the guardian ad litem for services that have in the past been rendered and for which payment is due. A guardian ad litem holding funds in a trust account under this rule against future costs and fees may withdraw such funds as they become due.(d) Funds in any account established under (b) above shall be subject to withdrawal upon demand.(e) All cash property received by a guardian ad litem in which a person other than the guardian ad litem possesses an interest shall be promptly deposited in one or more accounts described in (b) above, separate from the guardian ad litem's own funds.(f) Upon receiving cash property in which a person other than the guardian ad litem possesses an interest, the guardian ad litem shall:(1) Maintain a separate ledger regarding deposits, withdrawals and other dispositions to the account in which the cash property has been placed;(2) Promptly record all transactions relative to the cash property; and(3) Maintain records in accordance with Gal 505.01 above.(g) Upon the conclusion of a case, a guardian ad litem shall return any unearned fees in his or her possession to the person who paid them to the guardian ad litem, or in such other manner as that person or the written fee agreement may direct.N.H. Code Admin. R. Gal 505.02
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/2026.