Legal Question in Elder Law in New Hampshire

I have durable power of attorney for healthcare and finances for my father however he has recently deteriorated mentally (dementia) and is now unable to comprehend that he needs bladder cancer surgery (again) and I am not allowed to sign consent for him. What is the procedure for getting guardianship asap so he can have the surgery?


Asked on 2/22/11, 5:16 am

1 Answer from Attorneys

Stephanie Burnham Burnham & Associates, Attorneys at Law, PLLC

It is unclear why you are unable to use the Power of Attorney for Health Care to authorize the surgery. Did he revoke the Power of Attorney? In order to obtain a Guardianship in New Hampshire you must Petition the Probate Court in the county that your Father resides in. You should file a Motion to Expedite, if circumstances warrant it, so that it can be heard within a couple of weeks (rather than months) of filing. An attorney will be appointed to represent your father and serve the Petition to your father. A hearing will be held at which you, or another witness, will have to testify as to why your father needs a guardian. Specifically, you will have to explain to the Court what activities of daily living your father needs assistance with.

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Answered on 2/28/11, 5:36 pm


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