Section He-E 701.19 - Role of the BEAS in the Guardianship Process(a) The adult protective services program shall have one of the following roles in the guardianship process described in RSA 464-A: (1) Providing information about the guardianship process to individuals who are filing for guardianship; or(2) Petitioning for the appointment of a guardian for an incapacitated adult, pursuant to RSA 161-F:52 and RSA 464-A.(b) The following criteria shall be met prior to petitioning for the appointment of a guardian for an incapacitated adult: (1) A protective investigation has been completed and there is a founded determination;(2) It is determined that there is a need for protective services;(3) All other less restrictive options, including the provision of other appropriate protective services, have been exhausted;(4) A guardian is needed because: a. The incapacitated adult is unable to meet his/her own needs for food, clothing, shelter, health care or safety, or is unable to manage property or financial matters, as described in RSA 464-A:2, VII; orb. The incapacitated adult cannot exercise informed judgment, as defined in RSA 464-A:2, XII; and(5) Family members who have a relationship with the incapacitated adult have been contacted, and have indicated in writing that they are unable or unwilling to pursue guardianship.(c) When the criteria listed in (b) (1) - (5) above are not met, a petition for the appointment of a guardian may still be requested when it is determined that without the provision of a guardian, there is a serious likelihood that the incapacitated adult would face a risk of death or serious physical or mental harm to him/herself.N.H. Code Admin. R. He-E 701.19
#5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff 10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at chapter heading for He-E 700) #10179, eff 9-1-12