Cost of Guardianship in New Hampshire: Filing Fees, Attorney Costs, and Ongoing Expenses
Guardianship in New Hampshire is not a one-time expense. The initial filing costs are only the beginning — clinical evaluations, attorney fees, sheriff service, background checks, and mandatory annual reporting create an ongoing financial obligation that most families don't budget for.
Court Filing Fees
Base petition fee: $260.00 to file a Petition for Guardian of Incapacitated Person under RSA 464-A. This is set by the New Hampshire Supreme Court under Circuit Court Rule 169.
E-filing surcharge: Credit/debit card e-filing carries a 3.00% surcharge. On the $260 filing fee, that's $7.80 — small, but it applies when that payment method is used.
Fee waiver: If you can't afford the filing fee, you can file a Motion to Reduce or Eliminate Fees (Form NHJB-3234-DFP). You'll need to submit a comprehensive financial statement documenting your inability to pay.
Background Check Costs
Within 10 days of filing, the proposed guardian and every adult in their household must complete:
- DHHS Record Release (Form NHJB-2171-FP): Required release; confirm any applicable fee with the court
- State Police Criminal Record Release: $6.50 per name searched
If multiple adults live in the proposed guardian's household, these costs multiply.
Clinical Evaluation
The court requires an independent clinical evaluation by a licensed physician, registered psychologist, or psychiatric APRN. This is often the largest upfront cost after attorney fees.
The evaluation must document functional limitations, analyze ADL and IADL capabilities, and provide a professional opinion on whether less restrictive alternatives are suitable. The cost varies by evaluator and the complexity of the parent's condition.
Insurance may cover the medical examination component, but the legal opinion and formal written report for the court typically aren't covered.
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Attorney Fees
While New Hampshire allows self-represented guardianship filings through TurboCourt, the beyond-a-reasonable-doubt evidentiary standard makes attorney representation strongly advisable. Typical attorney costs:
- Less complex or uncontested guardianship: Reported attorney-cost context is $2,000-$5,000 or more, depending on complexity.
- Contested guardianship: May exceed that range when family members object or the ward's court-appointed defense counsel opposes the petition. Contested cases involve witness preparation, cross-examination, and potentially multiple hearings.
The court also appoints independent defense counsel for the proposed ward under RSA 464-A:6 — and may appoint a Guardian ad Litem to investigate. Court-related costs can add to the total and should be confirmed under applicable court rules.
Service of Process
The court requires in-hand service of the petition on the proposed ward by a county sheriff or authorized process server. Sheriff and process-server fees vary by county and provider.
Ongoing Annual Costs
Guardianship costs don't stop at appointment:
- Annual Fiduciary Accounting Fee: $105.00 per year for filing the Guardian's/Conservator's Accounting (Form NHJB-2160-P)
- Fiduciary bond premiums: If the court requires a commercial bond with corporate sureties, premiums vary with the bond amount and surety terms
- Attorney fees for annual reports: If you use an attorney to prepare the accounting, fees vary by scope
The Total Cost Picture
A first-year guardianship budget includes:
| Expense | Estimated Cost |
|---|---|
| Filing fee + surcharge | $260 + 3.00% card surcharge when applicable |
| Background checks | $6.50 per name searched for record-check research; other costs vary |
| Clinical evaluation | Varies by evaluator and complexity |
| Sheriff service | Varies by county and provider |
| Attorney work | $2,000-$5,000 or more (reported context) |
| Fiduciary bond | Varies |
| Annual accounting fee | $105 |
| First-year total | Varies; attorney-cost context alone is $2,000-$5,000 or more |
Contested cases may exceed the attorney-cost context because they involve additional preparation, testimony, and hearings.
The Alternative: A Power of Attorney
By comparison, a durable power of attorney under RSA 564-E has no court filing fee; private notary or preparation fees vary. There is no attorney requirement, annual court accounting, or fiduciary bond for the private document. But this option is only available while your parent still has cognitive capacity.
The New Hampshire Power of Attorney & Guardianship Kit helps families pursue the least expensive path first and provides complete guardianship filing guidance when the court pathway becomes necessary.
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