New Hampshire Power of Attorney Forms

A New Hampshire Power of Attorney (POA) Form acts as written documentation of a person’s decision to nominate a person to handle decisions and/or tasks in their place. The document is one used by individual people for essentially any matters relating to one’s life. An individual (the “attorney-in-fact”) can be given powers relating to finances, real estate, taxes, motor vehicles, healthcare, and more. Additionally, the principal can decide to make the power of attorney expire on a certain date, continue indefinitely (until they die), or become active after a specific event (known as a “springing” poa). Upon accepting their nomination as an attorney-in-fact, they are bound by NH law to make every decision with the principal’s best interests in mind, and only exercise power of the specific rights they have been given in the form.

Types (9)

Advance Directive (Durable Power of Attorney + Living Will) – A contract that allows an individual to appoint an agent to enforce how they would like to be taken care of if they are on life support, are in a coma, and any other event in which the principal can’t communicate (but is still alive).

Download – Adobe PDF

 


Durable (Financial) Power of Attorney – Used for giving an agent sweeping powers regarding one’s finances, including banking, policies, investments, and more. Being durable, the form does NOT terminate if something were to happen to the principal, leaving them incapacitated.

Download – Adobe PDF, MS Word (.docx)

 


General (Financial) Power of Attorney – Covers the same types of powers as a durable POA, with the major difference in that it is non-durable. In other words, it terminates on its own should the principal suffer an event that leaves them mentally incapacitated.

Download – Adobe PDF, MS Word (.docx), Rich Text (.rtf)

 


Limited (Special) Power of Attorney – Restrains the decision making powers granted to an agent to a particular set of circumstances and/or for a specific amount of time.

Download – Adobe PDF, MS Word (.docx), Rich Text (.rtf)

 


Minor Child Power of Attorney – Used by parents who will be leaving their child/children to assign a trusted caregiver. The caregiver will have temporary parental rights, allowing them to sign forms and other parental tasks.

Download – Adobe PDF, MS Word (.docx), Rich Text (.rtf)

 


Motor Vehicle (DMV) Power of Attorney – Provided by the state for giving another person the right to handle administrative tasks for a car, such as registering or signing over a title.

Download – Adobe PDF

 


Real Estate (Property) Power of Attorney – This form can be used to assign an agent to handle real estate matters on the principal’s behalf.

Download – Adobe PDF, MS Word (.docx), Rich Text (.rtf)

 


Revocation of Power of Attorney – Terminates existing power of attorney forms. Needs to be provided to the agent and anyone that received the original POA document.

Download – Adobe PDF, MS Word (.docx), Rich Text (.rtf)

 


State Tax Filing Power of Attorney (Form DP-2848) – Provided by the state’s department of revenue for allowing a taxpayer to appoint an attorney-in-fact to file and handle sensitive tax-related information.

Download – Adobe PDF

 


Laws & Signing Requirements

  • New Hampshire Power of Attorney Laws Title LVI, Chapter 564-E and Title X, Chapter 137-J
  • Agent’s duties § 564-E:114
  • State Definition of Power of Attorney (§ 564-E:102(15)) – “means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.”
  • State Definition of Advance Directive (§ 137-J:2(I)) – “means a directive allowing a person to give directions about future medical care or to designate another person to make medical decisions if he or she should lose the capacity to make health care decisions. The term “advance directives” shall include living wills and durable powers of attorney for health care.”
  • Signing Requirements
    • Durable Power of Attorney (§ 564-E:105(c)) – Has to be notarized.
    • Advance Directive / Medical Power of Attorney (§ 137-J:20) – Notarized or signed by 2 witnesses.