The Durable Power of Attorney for Health Care in New Hampshire
A power of attorney gives another person (the agent) the authority to act on your behalf in legal matters. Unlike a standard power of attorney, a durable power of attorney survives your incapacity. A New Hampshire durable power of attorney for health care is specifically intended to allow your agent to make health care decisions when you are mentally or physically unable to make them for yourself.
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Function
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A durable power of attorney for health care in New Hampshire specifically gives an agent the power to consent, refuse to consent or withdraw consent to care necessary to diagnose, maintain or treat your mental or physical health. The power is also given to consent to admission to a health care facility but does not include the power to consent to admission to a state institution.
Form
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A durable power of attorney for health care in New Hampshire must be in writing and must be signed either in the presence of a notary public or in front of two witnesses. If signed in front of witnesses, neither may be the agent, spouse or heir, a person entitled to benefit under a will or trust or the attending physician or someone acting on behalf of the physician. The witnesses must affirm that the person making the power of attorney was of sound mind, not under duress and understood the document they were signing and signed it of their own free will.
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Revocation
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A New Hampshire durable health care power of attorney may be revoked by orally indicating to the agent or the treating physician that you wish to revoke the power of attorney, by executing a new power of attorney or by divorce if the original agent was your spouse.
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References
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