New Hampshire Senate Bill SB574

New Hampshire 2024 Regular Session

• Introduced: 12/14/23
• Refer: 12/14/23
• Report Pass: 3/12/24
• Engrossed: 4/2/24
• Refer: 4/2/24
• Report Pass: 5/1/24
• Enrolled: 7/15/24
• Chaptered: 7/30/24
• Passed: 7/30/24

Caption

Relative to the appointment of a temporary agent for a minor child or incapacitated person.

Impact

If enacted, this bill would significantly impact parental rights under the existing laws, particularly RSA 461-A. The new provisions would provide a more flexible approach for parents and guardians in managing their responsibilities, especially in circumstances where they may temporarily be unable to care for their children or dependents. This change aims to accommodate various family dynamics, enhancing the support system for children and incapacitated individuals when their primary caregivers are unavailable.

Summary

Senate Bill 574 is designed to allow parents or guardians to appoint a temporary agent for a minor child or an incapacitated person for a period not exceeding 60 days. This bill enables parents or guardians to delegate their parental rights and responsibilities regarding care, custody, and property to these temporary agents, with certain limitations and exceptions outlined in the legislation. For instance, the appointed agent would not have the authority to consent to the marriage or adoption of the minor child.

Contention

There has been some debate regarding the limitations placed on whom can serve as a temporary agent. For instance, appointments may not be permitted if there is a living parent capable of providing adequate care unless that parent consents to the appointment. Additionally, protective measures are built into the legislation to prevent situations where a parent under investigation for child abuse or neglect might misuse the provision to sidestep scrutiny. Such safeguards reflect an awareness of potential misuse while aiming to balance the needs of families in complex situations.