What Is a New Hampshire Power of Attorney?
A New Hampshire power of attorney appoints an individual to handle your financial, medical, or legal matters. It lets someone have authority over certain affairs when you’re away or busy. It’s also common in estate planning, as it ensures your wishes are followed once you cannot make them known. Without a POA, you will leave your affairs to the discretion of state laws if you become incapacitated.
Every POA involves two parties. The first is the principal or the person granting legal permission to act. The second is the agent, who receives the authority.
A power of attorney must be written and signed while the principal is mentally and physically sound. POAs created after the principal becomes incapacitated are not valid since the principal must be able to agree to the terms of the POA.
Types of Powers of Attorney in New Hampshire
Powers of attorney can provide agents broad authority over financial and personal business, or they can focus on one specific aspect. They can be time-limited, ending once a particular condition is met, or go on indefinitely. New Hampshire follows the Uniform Power of Attorney Act, which provides a standardized form for writing POAs to make your document more likely to transfer between states.
The type of POA you choose and how long it’s in effect depend on your unique needs. Examples of powers you can give an agent acting on your behalf include the ability to:
- deal with debt and creditors
- handle banking
- pay bills
- make health care decisions
- exercise voting rights
- complete government forms
- engage in real estate transactions
Durable vs. Non-Durable POAs
A durable power of attorney continues even after a principal’s incapacitation. Under NH Rev Stat § 564-E:104, all New Hampshire POAs are considered durable unless the document explicitly states otherwise. You may choose to create a non-durable POA that ends on a specific date or when you become incapacitated.
Medical/Healthcare POA
A medical power of attorney allows you to designate an agent to approve health care decisions like consent to treat and facility placement. Although New Hampshire’s durable power of attorney for health care (DPOA-HC) names the agent via the medical power of attorney form, New Hampshire also encourages residents to have a living will.
The medical POA names the trusted adult who will speak on your behalf, but the living will details your desires regarding life-sustaining treatment at a point where your recovery is unlikely. These documents are collectively referred to as an advance directive under NH Rev Stat § 137-J:20. The agent’s authority for a DPOA-HC extends only to medical decisions, not financial dealings.
New Hampshire Nursing Homes and Power of Attorney Laws
New Hampshire laws (Chapter He-P 800 Residential Care and Health Facility Rules) govern the obligations of nursing homes and power of attorney documents. Long-term care facilities are required to respect decisions made by a patient’s agent when there is a valid DPOA-HC unless they suspect abuse or neglect. This includes adhering to do-not-resuscitate orders.
Your agent is required by law to act in your best interest and in accordance with your advance directives. If you become incapacitated and haven’t designated a DPOA-HC, New Hampshire may appoint a guardian to make decisions for you. Don’t put off creating a medical POA any longer. Legal Templates’ fillable form makes it easy to get started today.
Financial POA
A financial power of attorney allows an agent to manage financial matters. It gives the agent the ability to authorize payment on bills, handle investments, and engage in real estate transactions.
Durable (Financial)
Allow your agent to retain their powers even when you (the principal) become incapacitated.
Signing Requirements: Notary public (§ 564-E:105).
Medical
Appoint a third party to act on your behalf in relation to your healthcare and medical matters.
Signing Requirements: Two witnesses or a notary public. (§ 137-J:14).
Limited (Special)
Give limited powers to an agent for a specific task.
Signing Requirements: Notary public (§ 564-E:105).
Non-Durable (General)
Authorize another person or entity to manage your financial and general legal affairs for you.
Signing Requirements: Notary public.
Springing
Comes in effect when a specific event occurs, such as the incapacitation of the principal.
Signing Requirements: Notary public.
Vehicle (Form Title-5)
Appoint someone to represent you for the titling and registration of a motor vehicle.
Signing Requirements: Notary public.
Real Estate
Empowers an agent to take care of the principal's real estate business.
Signing Requirements: Notary public.
Tax (Form DP-2848)
Use Form DP-2848 to nominate a state tax agent with New Hampshire's Department of Revenue Administration.
Minor (Child)
Temporarily delegates a child's medical and educational oversight.
Signing Requirements: Notary public.
Revocation
Use to cancel your existing power of attorney.
Signing Requirements: Notary public (§ 564-E:105).
How to Write a Power of Attorney for New Hampshire
When you’re ready to write your power of attorney, Legal Templates simplifies the process. State-specific forms include key components to make your POA legally valid in New Hampshire. Here’s what to include:
- Principal’s signature: The POA must be signed by the principal or in the principal’s conscious presence by someone else directed by the principal to sign for them.
- Notarization: Notarizing your form involves having a notary public or other recognized official witness the principal’s signature.
- Agent designation: Clearly designate the person or persons to whom you grant decision-making power. New Hampshire allows you to name co-agents or successor agents.
- Scope of authority: Outline the scope of the agent’s authority and duties. State whether the powers granted are general or limited to specific matters, such as medical or financial.
- Duration and termination: If you want the POA to be time-limited, you must specify the duration of the agent’s authority and the date it begins and ends.
- Disclosure statement: Sign and attach a New Hampshire POA disclosure statement.
Legal Requirements and Considerations for New Hampshire POAs
New Hampshire has specific requirements regarding how long a POA is in effect, how one can be terminated or revoked, and filing, signing, and notarizing the document.
Duration
A POA goes into effect when the principal signs it, and it’s considered durable from that point forward unless stated otherwise. If you specify a future execution date or event, or a specific termination date, the POA is effective only during those periods.
Consider including a clause that requires one or more persons to verify in writing that the date or event for POA execution occurred. If a POA becomes effective upon incapacitation of the principal, a physician or judge can verify your condition if you haven’t authorized anyone else to do so.
Termination
Per NH Rev Stat § 564-E:110, a power of attorney terminates in the following situations:
- The principal or agent dies
- The agent resigns or becomes incapacitated
- The principal revokes the agent’s authority
- The principal becomes incapacitated (if the POA is not durable)
- The POA completes its purpose
If the agent is a spouse, the POA automatically ends if you are divorced or legally separated, or upon the filing of an action for an annulment or separation.
Revocation
The most reliable method for revocation of a power of attorney is a written notice signed and notarized, stating that you are revoking the power given to the agent in the POA. The document should be attached to the original POA, with copies provided to the agent and any interested third parties. Any decisions made by your agent prior to receiving the revocation will likely remain effective.
Filing
Generally, powers of attorney are not required to be recorded. However, if your POA gives the agent power to buy or sell real estate, file a copy with your local County Registers of Deeds office.
Signing and Notarization
Under NH Rev Stat § 564-E:105, the principal must sign the POA or direct someone else to sign it in their conscious presence. A notary public or another individual authorized by law to take acknowledgments must also witness the signature.
Per NH Rev Stat § 564-E:301, New Hampshire also requires you, as the principal, to sign a disclosure statement to show you understand the powers you’re granting to the agent. Still, the agent must sign an acknowledgment (under NH Rev Stat § 564-E:113) to accept their appointment as your agent.
