How Do I Name a Guardian for My Minor Children in New Hampshire?
See how a parent names a guardian for their minor children in New Hampshire, what weight the court gives your choice, and your options for temporary care.
Frequently Asked Questions
In New Hampshire, a parent names a guardian for a minor child in a will or a separate signed writing (RSA 463:5 (nomination by will, petition, or written consent); RSA 463:10 (who may be appointed)). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.
When a parent has named a guardian, the nomination is one factor the court weighs in deciding the child's best interest (RSA 463:5 (nomination by will, petition, or written consent); RSA 463:10 (who may be appointed)).
Yes. New Hampshire recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.
Yes. New Hampshire allows a Temporary Agent (delegation of parental powers) (RSA 461-A:19-a (effective Jan. 1, 2025)): any adult can be authorized for a limited time (up to 2 months) without transferring custody.
In New Hampshire, a child 14 or older may choose their guardian, subject to the court's approval (RSA 463:5).
New Hampshire uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (RSA 463:10)
Is this your situation?
Get a complete guide for your specific circumstances.
New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
Learn more
Marriage
What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.
Learn more
New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn more
Retirement
Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.
Learn moreMore estate planning resources
Explore related tools and documents to complete your estate plan.
Last Will and Testament
Create a free, state-specific will with witness and notarization requirements included.
Healthcare Power of Attorney
Designate someone to make medical decisions on your behalf.
Financial Power of Attorney
Designate someone to manage your financial affairs.
Transfer on Death Deed
Transfer real property to a beneficiary upon your death without probate.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
Who Inherits Without a Will?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
What Does Estate Planning Actually Cost?
See the true cost of estate planning. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys including life events like marriage, divorce, and having children.
How Much Does a Revocable Living Trust Cost?
Compare the cost of creating a revocable living trust. See how SimplyTrust, Trust & Will, LegalZoom, and attorneys compare over 5 years including life events.
How Much Does a Will Cost?
Compare the cost of creating a will. See document costs plus probate fees your heirs will pay. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys.
You'll be back. Every time life changes.
New Hampshire Estate Planning Resources
In-depth guides covering New Hampshire probate laws, trust requirements, and estate planning strategies.