Power of Attorney in New Hampshire
What a New Hampshire power of attorney needs to be valid — signing, witnesses, notary — and the official forms, plus health care directives.
Short answer: Durable by default unless the document says it ends on incapacity. A general power of attorney (and one to convey real estate) must be signed by the principal and acknowledged before a notary or other authorized official, with a signed disclosure statement attached. N.H. RSA 564-E:104, 564-E:105, 564-E:113, 564-E:301
| Financial power of attorney | Durable by default unless the document says it ends on incapacity. A general power of attorney (and one to convey real estate) must be signed by the principal and acknowledged before a notary or other authorized official, with a signed disclosure statement attached. The agent has no authority to act until the agent signs an acknowledgment by hand. An optional New Hampshire Statutory Power of Attorney form is in the statute. |
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| Health care directive | 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). |
| Official power of attorney forms | 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. Advance directive form: https://gc.nh.gov/rsa/html/X/137-J/137-J-20.htm Source: RSA 564-E:301; RSA 137-J:20 |
Official forms
- New Hampshire Statutory Power of Attorney (form in statute)
- Advance Directive statutory form (RSA 137-J:20)
- Advance Directive statutory form (RSA 137-J:20)
- New Hampshire Statutory Power of Attorney (form in statute)
More New Hampshire estate law
- Medical Power of Attorney in New Hampshire
- Small Estate Affidavit in New Hampshire
- Quitclaim Deeds and Transferring Property in New Hampshire
- Who Inherits If You Die Without a Will in New Hampshire
- How to Make a Valid Will in New Hampshire
- How Probate Works in New Hampshire
- Living Wills and Advance Directives in New Hampshire
- Revocable Living Trusts in New Hampshire
- Executor Duties in New Hampshire
- Letters Testamentary in New Hampshire
- Affidavit of Heirship in New Hampshire
- How to Avoid Probate in New Hampshire
- Transferring a Car After Someone Dies in New Hampshire
- All New Hampshire wills, probate and estate rules
FAQ
What are the requirements for a power of attorney in New Hampshire?
Durable by default unless the document says it ends on incapacity. A general power of attorney (and one to convey real estate) must be signed by the principal and acknowledged before a notary or other authorized official, with a signed disclosure statement attached. The agent has no authority to act until the agent signs an acknowledgment by hand. An optional New Hampshire Statutory Power of Attorney form is in the statute.
What are the requirements for a health care directive in New Hampshire?
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).
Where can I get a power of attorney form in New Hampshire?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.