| Defendant Laura Williams appealed circuit court orders denying her petitions to annul records of conviction and arrest, as well as charges not resulting in conviction, because she had subsequent convictions. After review of the facts specific to defendant's request, the New Hampshire Supreme Court vacated the trial court’s denial of defendant’s petitions to annul: (1) two charges that did not result in conviction; and (2) convictions from October 2007 and November 2012 for simple assault. The matter was remanded for the trial court to exercise its discretion to determine whether granting the petitions would assist in defendant’s rehabilitation and was consistent with the public welfare. |
| In February 2020, the 79-year-old ward was a patient at a hospital in Lebanon, New Hampshire. At that time, the hospital filed a petition to appoint a guardian over the ward’s person and estate. The hospital alleged a guardianship was necessary because the ward “has persistent cognitive impairment due to an anoxic brain injury and a major [neurocognitive] disorder,” which “renders him unable to provide for his personal needs for health care, food, clothing, shelter and safety” or to “manage his finances or estate.” The court held a hearing in March at which only the ward’s adult children were present. The ward’s children testified that, in October 2019, when their father was in the intensive care unit, they executed a “Do Not Resuscitate” (DNR) order for him. The ward had no DNR order previously. When the ward’s condition improved and he was transferred to a medical ward, he specifically told his children that he wanted the DNR order removed. Based upon the evidence at the March hearing, the court found that the ward was incapacitated and that a guardianship was necessary as a means of providing for his “continuing care ... and for the prudent management of [his] property and financial affairs.” The court limited the guardian’s authority to execute either a DNR order or an order limiting life-sustaining treatment. In August 2020, the guardian moved for a hearing to ask the court to remove the limitations on her authority regarding the ward’s medical care. The guardian averred that the ward, who now resided in a nursing home, was in need of dialysis but had refused dialysis on three occasions, and refused future treatment. The guardian asserted that, by declining to resume dialysis, “the ward himself has decided to stop his own life sustaining treatment,” and that “without having a DNR order in place and without anyone else having the ability to sign [one],” it will be “quite problematic and painful for the ward.” The ward’s attorney informed the court that the ward was “very clear that he did not want a DNR Order.” Upon interlocuroty transfer without a ruling from the circuit court, the New Hampshire Supreme Court accepted review of issues arising from the ward's guardianship. The Court determined that although the ward had a guardian to make health care decisions on his behalf, the trial court had limited the guardian’s authority to withhold life-sustaining treatment, including whether to execute a DNR order on his behalf. "Under these circumstances, given the ward’s lack of capacity to make health care decisions generally, and assuming that he does not have a valid and unrevoked living will or an authorized agent under a durable power of attorney for health care, the process for appointing a surrogate, as described in RSA 137-J:34-:37, applies. ... Accordingly, it does not appear that at this time, a DNR order may be executed on his behalf by his health care providers." |
