Medical Power of Attorney in New Hampshire

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).

The advance directive (durable power of attorney for health care and/or living will) is signed either before 2 witnesses or before a notary public or justice of the peace. Witnesses cannot be the agent, the person's spouse or heir, someone who would inherit from the person, or the attending practitioner; only one witness may be a health or residential care provider or its employee. The person must receive the disclosure statement (RSA 137-J:19) first, and the directive should be substantially in the statutory form (RSA 137-J:20).

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.

New Hampshire has a statutory form for a financial power of attorney: the "Statutory Form Power of Attorney" in RSA 564-E:301. The principal must date and sign it (or have someone sign in their presence and at their express direction), and it must be acknowledged before a notary public or other individual authorized by law. An agent has no authority until the agent signs the attached acknowledgment. For health care, RSA 137-J:20 sets out an Advance Directive form with two parts, a Durable Power of Attorney for Health Care and a Living Will; it must be signed by two witnesses or by a notary public or justice of the peace.