Section 463:12 - [Effective 1/1/2025] Powers and Duties of Guardians of the Person of the MinorI. Except as otherwise expanded or limited by statute or order of court as provided in paragraph IV a guardian of the person of a minor has the powers and responsibilities of a parent regarding the minor's support, care and education, but a guardian is not personally liable for the minor's expenses and is not liable to third persons by reason of the relationship for acts of the minor. The guardian shall not be liable for injury to the minor resulting from the negligent acts or omissions of third persons unless a parent would have been liable in the same circumstances.II. In particular and without qualifying the provisions of paragraph I, a guardian shall: (a) Become or remain personally acquainted with the minor and maintain sufficient contact with the minor to know of the minor's capacities, limitations, needs, opportunities, and physical and mental health.(b) Take reasonable care of the minor's personal effects and commence protective proceedings if necessary to protect other property of the minor.(c) Apply any available money of the minor to the minor's current needs for support, care, and education.(d) Conserve any excess money of the minor for the minor's future needs, but if a guardian of the estate has been appointed for the minor, the guardian of the person, at least quarterly, shall pay to the guardian of the estate the money of the minor to be conserved for the minor's future needs.(e) Report the condition of the minor and of the minor's estate that has been subject to the guardian's possession or control, as ordered by the court on petition of any person interested in the minor's welfare or as required by court rule.(f) File an annual report on the general welfare of the minor, including but not limited to the residence, mental and physical health, education, and financial status of the minor.III. A guardian may:(a) Receive money payable for the support of the minor to the minor's parent, guardian, or custodian under the terms of any statutory benefit or insurance system or any private contract, devise, trust, conservatorship, or custodianship and money or property of the minor paid or delivered pursuant to RSA 463:19 and 20.(b) If consistent with the terms of any order by a court of competent jurisdiction relating to the custody, placement, detention, or commitment of the minor, take custody of the person of the minor and establish the minor's place of abode within or without this state.(c) If no guardian of the estate of the minor has been appointed, institute proceedings, including administrative proceedings, or take other appropriate action to compel the performance by any person of a duty to support the minor or to pay sums for the welfare of the minor.(d) Give any necessary consent or approval to enable the minor to receive medical or other professional care, counsel, treatment, or service. However, no guardian may give consent for psychosurgery, electroshock, sterilization, or experimental treatment of any kind unless the procedure is first approved by order of the court.(e) Consent to the adoption of the minor as provided in RSA 170-B:5.(f) If reasonable under all of the circumstances, delegate to the minor certain responsibilities for decisions affecting the minor's well-being.IV. The court may limit or restrict the powers of the guardian or impose additional duties if it deems them desirable in the best interests of the minor.Amended by 2024, 81:4, eff. 1/1/2025.1995, 222:1, eff. Jan. 1, 1996.
This section is set out more than once due to postponed, multiple, or conflicting amendments.