RSA 135-C:45-a Appointment of Limited Guardian.

I. In any case in which the petition includes a request for appointment of a guardian, the court shall also determine whether to appoint a guardian over the person for the purpose of providing health care. There shall be a legal presumption of capacity, and the burden of proof shall be on the petitioner to prove beyond a reasonable doubt that the respondent is incapacitated and in need of a guardian.
II. At the hearing, the court shall:
(a) Inquire into the nature and extent of the functional limitations of the respondent; and
(b) Ascertain his or her capacity to care for himself or herself with respect to his or her health care.
III. If it is determined that the respondent possesses the capacity to care for himself or herself regarding health care, then the