Power of Attorney and Health Care – General – New Hampshire
No agency created by a power of attorney in writing given by a principal who is in the military service of the United States, whether a member of the army of the United States, the United States navy, the marine corps, the coast guard, or otherwise detailed for duty with the armed forces of the United States, or given by a principal subsequently entering such service, shall be revoked or terminated by the death of the principal while in such service as to one who, without notice of such death, in good faith and under circumstances repelling the imputation of fraud or negligence, deals with the agent of such principal, believing upon good reason that the agency still exists.
I. The subsequent disability or incompetence of a principal shall not revoke or terminate the authority of an agent who acts under a power of attorney in a writing executed by such principal which contains the words “This power of attorney shall not be affected by the subsequent disability or incompetence of the principal’ or words of similar import showing the intent of such principal that the authority conferred shall be exercisable notwithstanding his subsequent disability or incompetence.
II. All acts done by an agent under a power granted under paragraph I during any period of disability or incompetence of the principal or uncertainty as to whether the principal is dead or alive shall have the same effect and inure to the benefit of and bind a principal and his distributees, devisees, legatees, and personal representatives as if such principal were alive, competent, and not disabled. If a guardian or conservator subsequently is appointed for the principal, such agent, during the continuance of the appointment, shall account to the guardian or conservator rather than to the principal. The guardian or conservator shall have the same power the principal would have had if he were not disabled or incompetent to revoke, suspend, or terminate all or any part of such power of attorney.
III. The death, disability, or incompetence of any principal who has executed a power of attorney in writing other than a power as described by RSA 506:6, I, does not revoke or terminate the agency as to the attorney in fact, agent, or other person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under the power of attorney or agency. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his heirs, devisees, and personal representatives. An affidavit, executed by the attorney in fact or agent stating that he did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death, disability, or incompetence, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable. This paragraph shall not be construed to alter or affect any provision for revocation or termination contained in the power of attorney.
IV. A durable power of attorney shall be executed in accordance with the requirements of RSA 477:9.
V. An attorney in fact is not authorized to make gifts to the attorney in fact or to others unless the durable power of attorney explicitly authorizes such gifts.
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