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In Re: Guardianship of Phuong Phi Thi Luong, 2007-294 (N.H. S.Ct., Jul. 2, 2008)

Wed, 07/02/2008 - 15:46 — NHCaseLaw.com

Topics: Estate Plan, Guardian Ad Litem, Mandatory Appeal, Sup. Ct. R. 7

Case Information
Document Type: 
Opinion
Case name: 
In Re: Guardianship of Phuong Phi Thi Luong
Date: 
Jul 2 2008
Docket Number: 
2007-294
Justice: 
Duggan, James E.
Jurisdiction: 
N.H. S.Ct.

DUGGAN, J. The petitioners, the guardians of Phuong Phi Thi Luong, appeal orders of the Hillsborough County Probate Court (Patten, J.) rejecting two estate plans they proposed for Phuong Phi Thi Luong pursuant to RSA 464-A:26-a (2004) and adopting an alternative estate plan drafted by a court-appointed referee. We hold that the probate court was within its discretion to reject the estate plans proposed by the petitioners, but find that the court went beyond its authority in adopting the estate plan drafted by the court-appointed referee. Accordingly, we affirm in part, reverse in part, and remand.