A New Hampshire durable power of attorney form is a legal document that allows someone (the “principal”) to name a trusted person (the “Agent”) to make decisions on their behalf in the state of New Hampshire.
The main difference between a durable power of attorney and a non-durable power of attorney is that the former stays in effect even if the principal becomes incapacitated while the latter doesn’t.
There are 2 main types of durable power of attorneys in New Hampshire:
- a financial POA (also known as a general durable power of attorney and a durable power of attorney for finances) used for handling financial and business matters
- a health care POA used for medical decisions
In New Hampshire, a healthcare POA is usually included in an advance directive document, together with a living will.
Read on for more information on New Hampshire’s durable power of attorney form and start building your own.
New Hampshire Durable Power of Attorney Requirements
In New Hampshire, power of attorney forms are durable by default, meaning that they are still valid even after you’re incapacitated. If you wish to terminate the POA once you become incapacitated, you need to explicitly state so on the document.
Relevant Laws: Chapter 564-E (New Hampshire Uniform Power of Attorney Act, effective January 1, 2018)
Presumed Durable: Yes. § 564-E:104
Signing: The signature of the principal is required on all powers of attorney.
Notarization: A durable power of attorney needs to be notarized in New Hampshire. § 564-E:105
Statutory Form: Yes — § 564-E:301
Disclosure Document: This needs to be attached to your DPOA to ensure that you are fully aware of the implications of creating a POA and giving powers to an agent. (§ 564-E:301)
The durable power of attorney template on this page includes all required language and complies with New Hampshire DPOA laws and regulations.
How to Fill Out a New Hampshire DPOA Form
Follow these steps to easily complete our durable power of attorney form for New Hampshire:
Step 1: Designate an Agent
First, the principal chooses someone they trust to be their agent. It’s critical that the principal fully understands what power of attorney is and the risks associated with taking on this role.
Both parties write their names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
The principal needs to mark on the form which areas of their life they want to give the agent legal power over. This can be general (e.g., operating a business) or specific (e.g., making a loan).
They can also write specific instructions about which actions the agent can perform on their behalf.
Step 3: Sign and Date the Form
For it to be valid, both the agent and the principal need to sign the durable power of attorney form before a notary public.
Storing and Using Your Form in New Hampshire
After completing your durable power of attorney form, you should store it in a safe deposit box or secure place in your home.
To use the durable power of attorney, you need to give your agent a copy of the form. You should also give a copy to family members, a trusted friend, and third parties where it will be used (such as your landlord, bank, or a state agency).
If your DPOA allows your agent the power to conduct transactions with real estate, you should also file a copy in the land records office (also known as the registry of deeds) in the county where you own your property or expect the transactions to occur.
Signing on Behalf of the Principal
For an agent to sign on your behalf, contact the third party or place the DPOA will be used, and provide your ID and that of your agent.
The agent can then sign on your behalf as follows:
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in New Hampshire
A durable POA ends when you die, or if:
- You revoke it by filing a revocation of power of attorney
- There is no agent (which can be avoided if you add a successor agent on the form)
- A court deems the document invalid in case you were not mentally sound when you signed it