New Hampshire Advance Directive (Durable POA)

The New Hampshire Advance Directive (Durable Power of Attorney + Living Will) is a legal document that must be created in line with state-mandated laws. State law gives any competent person the opportunity to implement the following:

  • Delegate authority to an Agent to make health care decisions on their behalf.
  • Instruct their attending physician or APRN to “provide, withhold, or withdraw life-sustaining treatment, in the event such person is near death or is permanently unconscious.”

Additional Requirements

The reason the state of New Hampshire allows for Power of Attorney arrangements to be lawfully established is to recognize that “a person has a right, founded in the autonomy and sanctity of the person, to control the decisions relating to the rendering of his or her own medical care.”

State Laws & Signing Requirements

State Laws – Written Directives For Medical Decision Making For Adults Without Capacity to Make Health Care Decisions

Signing Requirements (§ 137-J:20) – For an Advance Directive to be valid in the state of New Hampshire, it must be:

  • Signed by the Principal,
  • Signed by two (2) witnesses or a Notary Public or a Justice of the Peace.

In cases where the Principal is physically unable to sign the Power of Attorney, state law allows them expressly direct someone else to sign their name. The signing, however, must take place in their conscious presence.