New Hampshire
How Conservatorship of Wendland applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Health Law.
New Hampshire recognizes the principles outlined in Conservatorship of Wendland, emphasizing the importance of patient autonomy and informed consent in health care decisions for individuals unable to make decisions for themselves. The state's laws align to protect individuals' rights while ensuring that conservatorship is used judiciously and only when necessary.
New Hampshire law mandates that a conservatorship may only be established when an individual demonstrates an inability to make informed decisions regarding health care or finances due to incapacity, with the least restrictive means of achieving this aim being preferred.
The court held that the conservators must act in the ward's best interest and adhere to the previously expressed wishes of the individual when possible.
This case confirmed that the incapacitated individual retains the right to be heard in conservatorship proceedings, upholding their dignity and autonomy.
The court ruled that evidentiary standards for establishing incapacity must be met to grant conservatorship, reflecting the principles established in Wendland.
New Hampshire's approach parallels federal standards on patient autonomy established by the Patient Self-Determination Act and related legislation. However, New Hampshire places additional emphasis on respecting the previously expressed wishes of the individual in its conservatorship determinations, which may not be explicitly required at the federal level.
Questions on conservatorship principles, including the requirement for clear and convincing evidence of incapacity, are often included in the New Hampshire bar exam, particularly in the context of health law.