Living Wills and Advance Directives in New Hampshire

New Hampshire's 'advance directive' (RSA 137-J) can include a living will (instructions about life-sustaining treatment) and a durable power of attorney for health care, and a statutory form is provided. The directive must be signed by the principal in the presence of either (a) two or more witnesses, none of whom is the agent, the principal's spouse or heir, a person entitled to part of the principal's estate, the attending practitioner or someone under that practitioner's control, and no more than one of whom is the principal's health or residential care provider or its employee; or (b) a notary public or justice of the peace who acknowledges the signature. Witnesses affirm that the principal appeared of sound mind and free from duress.

The health care agent is named in a 'durable power of attorney for health care,' part of the RSA 137-J advance directive, using the same signing rules (two qualified witnesses, or a notary public or justice of the peace). If the principal cannot physically sign, another person may sign the principal's name in the principal's presence and at their express direction. The directive can be revoked by a signed and dated written revocation, an oral revocation before two qualified witnesses, destroying it, or signing a new directive; filing for divorce, legal separation, annulment or a protective order between principal and agent also revokes the agent's designation (an alternate agent then takes over).