New Hampshire Durable Power of Attorney Law

Power of Attorney and Health Care – General – New Hampshire

564-E:104:
A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.

Source. 2017, 178:1, eff. Jan. 1, 2018.

564-E:105:
(a) With regard to a general power of attorney:
(1) The power of attorney must be signed (other than by electronic signature) by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney and must be acknowledged before a notary public or other individual authorized by law to take acknowledgments.
(2) A disclosure statement in substantially the following form, signed (other than by electronic signature) by the principal or by another individual directed by the principal to sign the principal’s name, must be affixed to the power of attorney:

INFORMATION CONCERNING THE POWER OF ATTORNEY
THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT YOU SHOULD KNOW THESE IMPORTANT FACTS:

Notice to the Principal: As the “Principal,” you are using this Power of Attorney to grant power to another person (called the “Agent”) to make decisions, including, but not limited to, decisions concerning your money, property, or both, and to use your money, property, or both on your behalf. If this Power of Attorney does not limit the powers that you give to your Agent, your Agent will have broad and sweeping powers to sell or otherwise dispose of your property, and to spend your money without advance notice to you or approval by you. Unless you have expressly provided otherwise in this Power of Attorney, your Agent will have these powers before you become incapacitated, and unless you have expressly provided otherwise in this Power of Attorney, your Agent will continue to have these powers after you become incapacitated. You have the right to retain this Power of Attorney and to release it later or to request that another person retain this Power of Attorney on your behalf and release it only if one or more conditions specified in advance by you are satisfied. You have the right to revoke or take back this Power of Attorney at any time, so long as you are of sound mind. If there is anything about this Power of Attorney that you do not understand, you should seek professional advice.
(b) A power of attorney to convey real estate must be signed (other than by electronic signature) by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the general power of attorney and must be acknowledged before a notary public or other individual authorized by law to take acknowledgments.
(c) Any other power of attorney must be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney.
(d) A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.

Source. 2017, 178:1, eff. Jan. 1, 2018.

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Inside New Hampshire Durable Power of Attorney Law