Bill Text: NH SB399 | 2016 | Regular Session | Introduced
Bill Title: Relative to the medical affidavit required for probate court appointment of a guardian of an incapacitated person.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Introduced - Dead) 2016-01-21 - Inexpedient to Legislate, Motion Adopted, Voice Vote === BILL KILLED ===; 01/21/2016; Senate Journal 3 [SB399 Detail]
Download: New_Hampshire-2016-SB399-Introduced.html
SB 399 - AS INTRODUCED
2016 SESSION
16-2904
09/01
SENATE BILL 399
AN ACT relative to the medical affidavit required for probate court appointment of a guardian of an incapacitated person.
SPONSORS: Sen. Watters, Dist 4; Sen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen. Soucy, Dist 18; Rep. Kaen, Straf. 5; Rep. Wall, Straf. 6; Rep. Sherman, Rock. 24; Rep. LeBrun, Hills. 32
COMMITTEE: Judiciary
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ANALYSIS
This bill permits health care providers other than physicians to sign a medical affidavit required for probate court appointment of a guardian of an incapacitated person.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16-2904
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to the medical affidavit required for probate court appointment of a guardian of an incapacitated person.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Procedure for Court Appointment of a Guardian of an Incapacitated Person; Medical Affidavit. Amend RSA 464-A:4, IV to read as follows:
IV. When an expedited hearing is requested, an affidavit by the petitioner, or in the case of a medical emergency, by a physician, physician assistant, advanced practice registered nurse, or registered nurse who is responsible for the proposed ward's [physician] care, shall be filed with the petition setting forth the reasons an expedited hearing is necessary.
2 Conduct of Hearing; Medical Affidavit. Amend RSA 464-A:8, II to read as follows:
II. The court may waive personal attendance of the proposed ward at the hearing when the petitioner or the counsel for the proposed ward files a written statement with the court at least 24 hours prior to the hearing indicating that the proposed ward does not express a desire to attend the hearing; provided, however, that upon a showing that the proposed ward first expressed a desire not to attend the hearing at such a time as to make it unreasonable to require the filing of the written statement at least 24 hours prior to the hearing, then the court may waive personal attendance of the proposed ward at the hearing upon the filing of the required written statement at any time up to the time of the hearing. Any statement filing in connection with a hearing under this paragraph shall include [a physician's] an affidavit by a physician, physician assistant, advanced practice registered nurse, or registered nurse indicating that the overall physical, emotional, or psychological condition of the proposed ward is such that he or she is likely to suffer harm or that the proposed ward has no ability to understand the nature and consequences of the proceedings.
3 Effective Date. This act shall take effect January 1, 2017.
