NH Informal Kinship Care Benefits Without Guardianship

A grandchild is living with you, there's no court order, and you're not sure whether you can get any financial help without one. The short answer: yes, you can. New Hampshire's major benefit programs don't require legal guardianship to apply — but there are real limits on what informal caregivers can and can't do.

What You Can Access Without a Court Order

FANF child-only cash grant: You can apply as a non-needy caretaker relative with proof of physical residence and care of the child. BFA requires self-attestation and documentation showing the child lives with you, but doesn't require Letters of Guardianship. Your income is excluded; the child's income is tested.

Children's Medicaid: As someone acting responsibly for a minor, you can apply on the child's behalf without being a court-appointed guardian. The child's MAGI household follows federal tax-filer and non-filer rules; a non-parent grandparent is not included just because the child lives with them.

SNAP: You apply as a household if you share meals. No legal authority documentation is required for the SNAP application itself — you just need to prove the child lives with you.

NH Child Care Scholarship: Available if you meet the activity requirement (work, school, job training) and income limits. No guardianship required.

Kinship Navigator Program: Free, voluntary, confidential services for caregivers with a child under 18 in their full-time care when the child's parents do not live in the home.

What You Can't Do Without a Court Order

The limits show up outside the benefits office:

School enrollment: Many NH school districts will enroll a child living with a relative, but some require proof of legal authority. Without a court order, you may face pushback — especially for records transfers or special education decisions.

Medical consent: You can't authorize non-emergency medical care, surgery, or ongoing treatment without legal authority. Emergency rooms will treat the child regardless, but a pediatrician's office may refuse routine care without documented authorization.

Financial and legal decisions: You can't open a bank account for the child, access their records, or make decisions about their estate without formal guardianship or a court-issued custody order.

New Hampshire doesn't have a statutory caregiver authorization affidavit that lets informal caregivers handle school and medical matters without court involvement. Some states do; NH doesn't. If you need decision-making authority, you'll eventually need to petition for guardianship under RSA 463.

Informal Care vs. Guardianship: The Benefits Comparison

For public assistance, informal caregivers and legal guardians access the same core programs:

The financial benefit amount is identical. Guardianship doesn't unlock extra cash from DHHS — New Hampshire has no private guardianship subsidy. What guardianship adds is legal authority over the child's life, which matters for schools, doctors, and long-term stability.

When to Consider Going to Court

If you're managing fine with informal arrangements and the parent isn't contesting the child's placement, staying informal might work temporarily. But consider petitioning for guardianship if:

• A school is blocking enrollment or refusing to share records
• The child needs ongoing medical treatment and providers want consent authority
• You want legal stability — protection against the parent reclaiming the child without warning
• You plan to apply for the child as a tax dependent (clearer with a court order)

603 Legal Aid (1-800-639-5290) provides free legal help with RSA 463 guardianship petitions for income-eligible residents. The Kinship Navigator Program ([email protected]) can help you think through whether and when to pursue formal legal authority.

The complete New Hampshire kinship financial help guide covers both informal and formal caregiver pathways side by side, with the specific documents and forms you need for each arrangement.

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