Section He-E 701.18 - Role of 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 a vulnerable 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 a vulnerable adult:(1) All other less restrictive options, including the provision of other appropriate protective services, have been exhausted;(2) A protective investigation has been completed and there is a founded determination;(3) The bureau administrator has determined that there is a need for protective services;(4) The vulnerable adult is unable to meet his or 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;(5) The vulnerable adult cannot exercise informed judgment, as defined in RSA 464-A:2, XII; and(6) Family members who have a relationship with the vulnerable adult have been contacted, and have indicated to BEAS that they are unable or unwilling to pursue guardianship.(c) When the criteria listed in (b)(1) - (6) above are not met, a petition for the appointment of a guardian may still be requested when the bureau administrator determines that without the provision of a guardian, there is a serious likelihood that the vulnerable adult would face a risk of death or serious physical or mental harm to him or herself.N.H. Admin. Code § He-E 701.18
#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
Amended by Number 15, Filed April 13, 2023, Proposed by #13600, Effective 3/24/2023, Expires 3/24/2033 (formerly He-E 701.19).