Sunday, April 12, 2020

Courts expedite guardianship hearings amid state of emergency

Guardianship hearing over adults expedited




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New Hampshire circuit courts are changing the turnaround time for emergency guardianship over adults as some Granite State families are facing tough medical and financial decisions.

The change was set to speed up the legal process behind guardianship. Usually a process that would take weeks or even months, may now happen in just days after an announcement on Wednesday. Under the expedited process people who file for a hearing can get one in 48 hours. 

The faster turnaround time will only last while a state of emergency is in place.

Emergency guardianship petitions for adults are the legal process for allowing someone to act as a decision-maker for another person who is unable to. Courts will hold hearings online or by phone to make it happen.

In a statement, Judge David King said the usual two-week process may be too long in a time when decisions are being made quickly.

Estate and elder law attorney Sarah Ambrogi said the change will likely mean people seeking a court-ordered guardianship will receive a judge’s decision in days.

“I think the court’s order is not just limited to COVID-19 patients,” Ambrogi said. “I think it’s more the recognition that with the complete shutdown of nursing homes, these situations are arising and they’re going to arise more frequently.”

Inside those long-term care facilities there are often people who have not yet established a power of attorney, according to Ambrogi.

A court-ordered guardianship can be the only option to get people to hospitals or rehabilitation facilities.

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Courts expedite guardianship hearings amid state of emergency

1 comment:

  1. Who's watching New Hampshire?
    This article is intentionally misleading and the uptick in Guardianships will place wards *into* Nursing Homes, it's already happening in Colorado.
    Newly minted Wards,being PUT *INTO** Nursing Homes as recent as April 2020

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