hb 1406

CHAPTER 239

HB 1406 - FINAL VERSION

AN ACT permitting the nomination of a guardian for the children of activated members of the armed services or for incapacitated persons for whom the activated member is the guardian, creating a committee to study the New Hampshire National Guard Education Assistance Act, and relative to the capital appropriation for the renovation and expansion of state armories.

SPONSORS: Rep. Coughlin, Hills 12; Rep. Fields, Hills 18; Rep. Scanlan, Graf 11; Rep. Craig, Hills 38; Rep. Soltani, Merr. 10; Sen. Barnes, Dist 17; Sen. Roberge, Dist 9

I. Permits the nomination of a guardian for the children of activated members of the armed services or for incapacitated persons for whom the activated member is the guardian.

II. Creates a committee to study the New Hampshire National Guard Education Assistance Act.

III. Amends the capital appropriation for state armories to include a federal appropriation for kitchen expansion and renovation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

239:1 New Section; Guardianships of Minors and Estates of Minors; Nomination of a Guardian of the Person for the Children of Activated Members of the Armed Services. Amend RSA 463 by inserting after section 18 the following new section:

463:18-a Nomination of a Guardian for the Children of Activated Members of the Armed Services.

I. Any member of the United States armed services, whether a member of an active component, reserve component, or national guard unit of the army, air force, navy, marines, or coast guard, who is ordered to active duty outside of the state of New Hampshire with the armed forces of the United States or state militia of any state, and who pursuant to a court order has sole primary physical custody of a minor residing in New Hampshire or is the guardian of such minor, may nominate a guardian of the person of the minor with the same powers and duties of a guardian of the person under RSA 463:12.

II. The document nominating the guardian shall have the effect of an ex parte order appointing a temporary guardian under RSA 463:7, except that it shall expire 7 days after activation or when a guardianship has been granted by the court, whichever is sooner. Upon activation, the individual nominated guardian shall petition for appointment of a guardian of the person of the minor within 7 days in the county where the parent or legal guardian was residing upon activation. The petitioner shall append to the petition copies of the nomination document and the member's activation orders. The petition for appointment of a guardian shall be processed, heard, and adjudicated in the same manner as other guardianships filed under this chapter. All fees for the filing of the petition for the appointment of a guardian under this section shall be waived.

III. If the minor is the subject of a pre-activation custodial court order from this or any other state, any non-guardianship related custodial order entered after activation but before deactivation of the member shall be temporary and shall not prejudice the pre-activation custodial order.

IV. Nomination of a guardian of the person shall be made by using a properly executed nomination document to which a certified copy of the minor's birth certificate and an attested copy of the existing custody or guardianship order, if any, of the minor shall be attached. The document nominating the guardian shall contain the following:

Know all persons that I __________________, currently residing at _______________, by this document do consent to the appointment of _______________, whose address is _______________, as the guardian of my minor child, thereby submitting to the jurisdiction of the court and waiving notice of the petition. This document shall grant the person nominated the same powers and duties of a guardian of the person under RSA 463:12 for 7 days from the date of my activation or until the probate court grants a guardianship, whichever is sooner. A copy of my activation orders must accompany this document for it to be valid.

V. The parent or legal guardian's signature shall be witnessed by a third party and the signatures of the witness and parent or legal guardian shall be acknowledged by a notary public.

VI. Upon receipt of a petition to terminate a guardianship created under this section filed by the service member, the court shall terminate the guardianship.

239:2 New Subparagraph; Guardianship and Estates of Minors; Ex Parte and Temporary Orders. Amend RSA 463:7, I by inserting after subparagraph (b) the following new subparagraph:

(c) Upon the entry of a petition seeking guardianship of the person accompanied by a nomination document and activation orders pursuant to RSA 463:18-a, the court shall issue temporary orders appointing the individual nominated guardian pending a hearing and ruling on the merits; but for cause, the court may appoint some other suitable individual temporary guardian.

239:3 New Section; Guardians and Conservators; Nomination of Guardian for Incapacitated Person for whom Activated Member of the Armed Services is Guardian. Amend RSA 464-A by inserting after section 4 the following new section:

464-A:4-a Nomination of Guardian for Incapacitated Persons for Whom Activated Member of the Armed Services is Guardian.

I. Any member of the United States armed services, whether a member of an active component, reserve component, or national guard unit of the army, air force, navy, marines, or coast guard who is ordered to active duty outside of the state of New Hampshire with the armed forces of the United States or state militia of any state and who is the guardian of an incapacitated person may nominate a successor guardian of the person with the same powers and duties of a guardian of the person under RSA 464-A:25.

II. The document nominating the guardian shall have the effect of an order appointing a temporary guardian under RSA 464-A:12, except that it shall expire 7 days after activation or when a guardianship has been granted by the court, whichever is sooner. Upon activation, the individual nominated guardian shall petition for appointment of a guardian of the person within 7 days in the county where the original guardianship was granted. The petitioner shall append to the petition copies of the nomination document and the member's activation orders. The petition for appointment of a guardian shall be processed, heard, and adjudicated in the same manner as other guardianships filed under this chapter. All fees for the filing of the petition for the appointment of a guardian under this section shall be waived.

III. Nomination of a guardian of the person by an activated member of the armed services shall be made by using a properly executed nomination document to which a certified copy of the existing guardianship order shall be attached. The document nominating the guardian shall contain the following:

Know all persons that I _______________, currently residing at _______________, by this document do consent to the appointment of _______________, whose address is ______________, as the successor guardian of _______________, thereby waiving notice of the petition. This document shall grant the person nominated the same powers and duties of a guardian of the person under RSA 464-A:25 for 7 days from the date of my activation or until the probate court grants a guardianship, whichever is sooner. A copy of my activation orders must accompany this document for it to be valid.

IV. The legal guardian's signature shall be witnessed by a third party and the signatures of the witness and legal guardian shall be acknowledged by a notary public.

V. Upon receipt of a petition to terminate a substitute guardianship created under this section filed by the service member, the court shall terminate the substitute guardianship.

I. Committee established. There is established a committee to study the New Hampshire National Guard Education assistance Act.

(1) Three members of the house of representatives, appointed by the speaker of the house.

(3) The New Hampshire army national guard education services officer, or designee, appointed by the adjutant general for the New Hampshire national guard.

(4) The New Hampshire air national guard education services officer, or designee, appointed by the adjutant general for the New Hampshire national guard.

(5) One member to represent the university system of New Hampshire, appointed by that organization.

(6) One member to represent the department of regional community-technical colleges, appointed by that organization.

(b) Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

III. Duties. The committee shall study the administration of the New Hampshire National Guard Education Assistance Act. The study shall include:

(a) A comparison of the state and federal laws regarding national guard education benefits.

IV. Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

V. Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2002.

239:5 Capital Appropriations; Armory Expansion and Renovations. Amend 2001, 202:1, I, A to read as follows: