Your state’s pack. New issues arrive periodically on Mondays. Bookmark it. I built this for the New Hampshire T&E solo who knows its own probate code (RSA Title LVI) cold but still loses an afternoon a week hunting the current homestead number, the the Choices for Independence (CFI) waiver posture, whether the latest opinion from the New Hampshire Bar Association changes how you scope an engagement, or whether a recent New Hampshire Supreme Court decision just moved the law on capacity, undue influence, or a trustee’s duties. What’s below is what mattered in New Hampshire lately — the week’s developments and the recent rulings from the bench.
For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.
Three developments from the last seven days that I think actually matter to a New Hampshire T&E solo. Each one has a read that lands on your practice specifically — and each one comes with the citation so you can verify the detail yourself before you use it with a client.
Gov. Ayotte signed three acts touching the Medicaid-planning and elder-law practice: SB 670 (2026 N.H. Laws ch. 278, signed July 2) amends the registry of founded reports of abuse, neglect, or exploitation of vulnerable adults; SB 610 (ch. 142, signed June 12, eff. Aug. 11) lets the insurance commissioner approve innovative short- and long-term-care policies; and SB 663 (ch. 276, signed July 2) creates a Medicaid rate-methodology working group within DHHS.
SB 610 is the one to watch for planning — new LTC-insurance policy forms may reach the New Hampshire market, changing the private-pay-versus-Medicaid conversation. SB 670’s registry changes matter when you advise fiduciaries and report suspected exploitation; calendar the staggered effective dates.
2026 N.H. Laws ch. 278 (SB 670) · ch. 142 (SB 610) · ch. 276 (SB 663) · gc.nh.gov
New Hampshire’s Uniform Real Property Transfer on Death Act, RSA ch. 563-D, took effect July 1, 2024, finally giving the state a non-probate transfer for real estate. The deed must be titled ‘Transfer on Death Deed’, name a beneficiary, state that the transfer occurs at the transferor’s death, and be recorded before death within 60 days of execution; it is freely revocable.
New Hampshire now has a probate-avoidance tool it lacked for decades. Add the TOD deed to the planning menu — but mind the recording window: it must be recorded within 60 days of execution and before death, or it fails, so do not treat it as a document a client can sign and set aside for later.
New Hampshire Revised Statutes · RSA ch. 563-D · GC.NH.GOV
The NHBA Ethics Committee published a sequence of Ethics Corner articles on generative AI — ‘Ethics of Using Artificial Intelligence in Practice’ (posted May 15, 2024), ‘Ethics of Drafting Documents with Artificial Intelligence’ (Sept. 10, 2024), and ‘Understanding Generative AI and the Potential for Discrimination and Bias’ (Oct. 30, 2024) — grounding AI use in Rules 1.1, 1.6, 3.3, and 5.1/5.3. No formal numbered ethics opinion has issued.
Treat the Ethics Corner series as committee guidance, not a binding opinion, and cite it that way. The operative duties are the existing Rules of Professional Conduct — competence, confidentiality, candor, and supervision — which the articles read onto AI-assisted work.
New Hampshire Bar Association · Ethics Corner · NHBAR.ORG
Decisions that bind a New Hampshire practitioner — New Hampshire’s appellate courts and the federal courts covering New Hampshire, including the U.S. First Circuit — read for what actually changes how you draft, advise, and plan. Trusts and estates broadly, not Medicaid alone: wills and capacity, undue influence, fiduciary duty, trust construction, and estate recovery. One read, the holding, and the official cite.
A community-services agency petitioned a New Hampshire probate court for guardianship over the person of K.S., an adult who had suffered a traumatic brain injury and had lived in a Maine residential facility since 2019–2020. The trial court found her incapacitated and appointed the Office of Public Guardian. The New Hampshire Supreme Court vacated: under RSA 464-A, jurisdiction and venue for an adult guardianship turn on where the proposed ward resides, and because K.S. resided in Maine the New Hampshire court lacked subject-matter jurisdiction. The case was remanded with instructions to dismiss.
For New Hampshire elder-law and guardianship practice, the residence of the proposed ward — not the petitioner’s location or the ward’s prior ties to the state — fixes guardianship jurisdiction, and subject-matter jurisdiction can be raised at any time, including on appeal, and cannot be waived. Before filing an adult guardianship, confirm the ward’s actual state of residence; for a ward placed out of state, look to that state’s court or the interstate guardianship framework, not the home state’s probate division.
In re Guardianship of K.S., 2025 N.H. 47 (N.H. Nov. 7, 2025) — New Hampshire Supreme Court opinion.
This slot holds the next significant trusts-and-estates or estate-recovery decision from New Hampshire’s appellate courts or the federal courts covering New Hampshire. The lane reads each opinion before it lands here, and reads-and-discards matters that aren’t trusts-and-estates — criminal, family, commercial/LLC fiduciary, tax, and cases where an estate or trust is only a party. When the trailing window has no further ruling, this row says so plainly rather than inventing one.
Nothing further to re-paper from the bench this period; controlling authority is otherwise unchanged.
This week in New Hampshire for the T&E solo with Choices for Independence clients: the developments from the New Hampshire Bar Association and NH DHHS (Medicaid) that actually moved your practice this period — each one primary-source verified.
Bar and Medicaid changes land on different schedules and aren’t indexed by practice focus. Every item here was checked against its primary source, with the link, so you can verify before relying on it.