New Hampshire Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   New Hampshire calls the instrument a Temporary Agent appointment under RSA 461-A:19-a. The parent (or guardian) signs a writing appointing the agent, and the agent signs a written acceptance. The statute does not name an official form.

2. 2

   The appointment may last for a period not exceeding 60 days. The statute has no renewal or re-appointment provision and no default term, so state the end date in the document.

3. 3

   The writing must be signed by, or at the direction of, the parent or guardian and attested by at least 2 witnesses aged 18 or older, neither of whom is the agent. The statute does not mention a notary and names no filing step.

4. 4

   With no parenting plan, a parent may not appoint if the child has another living parent whose whereabouts are known and who is willing and able to safely provide care, unless that parent consents in writing. With a parenting plan, the appointment is effective only during that parent's court-ordered parenting time and as the plan provides. Exceptions apply where the other parent is subject to a protective order, domestic violence restraining order, no-contact bail conditions, a DCYF or law-enforcement child-related investigation, a DCYF safety plan, or an RSA 169-C case.

5. 5

   The parent may delegate any power the parent has regarding the care, custody, or property of the child, except the power to consent to marriage or the adoption of a minor. A court may limit or alter the authority. The statute does not name school enrollment or medical consent and has no clause protecting schools or providers who rely on it, so this page does not promise acceptance.

6. 6

   This is not a court guardianship. Custody and parental rights are unchanged. A parent cannot appoint if parental rights were terminated or voluntarily surrendered, if a court placed the child in someone else's custody, or if the parent is under a DCYF abuse or neglect investigation and appoints to avoid it. The parent may revoke or amend the appointment, delivered to all interested persons. The statute sets no relative requirement and no minimum age for the agent.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, New Hampshire probate courts handle guardianship of a minor under RSA ch. 463, including ex parte and temporary orders under RSA 463:7 (an ex parte order expires 30 days after it is entered, extendable pending notice on proof of diligent effort). DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the New Hampshire child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

New Hampshire Requirements for Temporary Guardianship Agreement

• Parent-Signed Temporary Agent Appointment

  A parent or guardian may appoint a temporary agent by a writing signed by, or at the direction of, the parent or guardian (RSA 461-A:19-a, I-II).

• 60-Day Maximum Term

  The appointment may be for a period not exceeding 60 days. The statute has no renewal provision and no default term (RSA 461-A:19-a, I).

• Two Adult Witnesses

  The writing must be attested by at least 2 witnesses aged 18 or older, neither of whom is the temporary agent. A notary is not mentioned (RSA 461-A:19-a, II).

• Agent's Written Acceptance

  The temporary agent must give a written acceptance together with the signed writing (RSA 461-A:19-a, II).

• Other Parent's Consent

  Without a parenting plan, the other living parent whose whereabouts are known and who is willing and able to safely provide care must consent in writing, subject to the listed exceptions. With a parenting plan, the appointment is effective only during that parent's parenting time and as the plan provides (RSA 461-A:19-a, III).

• Powers and Exclusions

  Any power regarding the care, custody, or property of the child may be delegated, except consent to marriage or the adoption of a minor. A court may limit or alter the authority (RSA 461-A:19-a, I, IV).

• Persons Who May Not Appoint

  A parent cannot appoint if parental rights were terminated or voluntarily surrendered, if a court placed the child in someone else's custody, or if the parent is under a DCYF abuse or neglect investigation and appoints to avoid it (RSA 461-A:19-a, III(c)).

• Revocation or Amendment

  The appointing parent or guardian may revoke or amend the delegation, delivered to all interested persons (RSA 461-A:19-a, IV).