Free New Hampshire Power of Attorney Form


In a bid to protect your interests, you have to name someone you trust to act as your proxy should you need someone you trust to take care of your business if you have to be away from the state for extended periods or weeks. And, physically handing over keys or introducing that person to your employees is not enough. Neither is mentioning in passing that you don’t wish to stay hooked to machines if your body fails. You need to make things official using a power of attorney.

A power of attorney (POA) is a legal instrument you use to name someone else as your proxy or the executor of your estate, or your health care decision maker should you be incapacitated. Being legally binding, your proxy, also called the agent or the attorney-in-fact will only according to your wishes. A written and signed document also adds weight to the document and the agent will know that they are taking on a huge task which they will be taken in court should they fail to honor your directives.

And, the other things that protect you once you sign a POA is that you can indicate in the document that the powers granted should only be executed when you are medically incapacitated and unable to make sound medical or financial decisions. This refers to springing powers of attorney.

With that out of the ways, which are the main types of POA documents and which are the applicable laws?

  • In the free New Hampshire power of attorney form, you’ll come across:

    • 1. The New Hampshire Durable POA (DPOA)

The most important POA, the durable POA is the legal instrument that an agent uses to give or refuse to give consent to medical procedures and treatments. It carries your directives relating to your healthcare, and it’s also referred to as the durable healthcare POA. Your proxy will guide the doctors on your preferred end of life process.

In your free power of attorney in New Hampshire, you will note that the durable POA is created according to the states code section 137-J:1 et seq. which has the provisions of the durable POA for healthcare.

Powers of the DPOA

The chosen agent can give consent, withdraw, or refuse to give their consent to a principal’s admission into a facility, treatment, care, as well as services or procedures for maintenance, treatment and the diagnosis of the principal’s mental or physical condition.

However artificial hydration and nutrition will not be withdrawn or even withheld from the principal unless such wishes are expressed in the POA.

The powers of the agent will not include consenting to a voluntary admission into a state institution, consenting to have life-supporting treatment for a pregnant patient withdrawn, unless the treatment will not allow continued healthy development of the unborn child or their live birth. The powers will also not cover voluntary sterilization.

  • The DPOA legal requirements

    • It should be in writing and accordance with the New Hampshire statutory form

    • The presence of a subscribing witness (es) to affirm that at the time of preparing the document, the principal was of sound mind, they were aware of the document, and they acted out of their own volition.

    • Its disclosure should be similar to the contents of form §137-J:14 before the document is executed.

A DPOA from a different state is executable only if it complies with the laws of that state/ jurisdiction, and the foreign instrument must comply with the New Hampshire laws.

If a healthcare provider or an attending is unwilling to comply with the directives, they should inform the agent then help transfer the patient to a different facility.

But, an attending physician acting in good faith will not be criminally, professionally, or civilly liable.

  • Revocation of the DPOA

    • The principal can revoke the document by notifying their agent or the healthcare provider of their intention to revoke the POA. This should be in writing or through verbal expression.

    • Execution of a new POA

    • Filing of a divorce if the spouse is the agent

    • The revocation of the document will be done as soon as the healthcare provider or the agent receives notice.

    • Also, a person directly interested in the principal can file for revocation of the DPOA if they believe that the principal signed the POA under duress, when not of sound mind, under undue influence, and through fraudulent means.

    • 2. New Hampshire Limited POA

  • Should you wish to have your agent act on specific powers, a limited POA will do the trick. With the limited POA, the agent only acts on specific matters if you are incapacitated or out of town and unable to make some decisions. You rescind the powers of the POA by issuing a written POA to your agent and affected third parties.

    • 3. New Hampshire POA For Bank Account Matters

This is a specific POA which you use to give your agent specific powers over your bank account for as long as you are unavailable or unable to act. The powers of the POA are only revoked if you send a written notice to the agent and third parties acting on the directives of the agent.

Would you like to get a POA instrument processed today? Get our free power of attorney form online now. Whether you live in Manchester, Concord, Nashua or other city of New Hampshire, you can use POA legal forms easily.