New Hampshire Power of Attorney Forms
The New Hampshire Power of Attorney Forms act as written documentation of an individual’s choice to exercise their right to elect another individual or entity to act on their behalf in one or more matters. One of the guiding principles that helps to ensure that power of attorney arrangements are lawfully enacted (and are not misused) is that the principal must initiate the POA of their own volition.
What is a New Hampshire Power of Attorney?
A New Hampshire Power of Attorney establishes the necessary legal framework for an individual to elect another individual or entity to take their place in the management of their personal and business tasks and duties. New Hampshire’s POA laws are expansive in scope, making it critical for both parties to the agreement (the Principal and the Agent) to comprehend and follow through on the duties they are legally required to uphold.
- New Hampshire Power of Attorney Laws – (Title LVI, Chapter 564-E, “Uniform Power of Attorney Act”) and (Title X, Chapter 137-J, “Written Directives For Medical Decision Making For Adults Without Capacity to Make Health Care Decisions”)
- 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
- General (§ 564-E:105(a)) – Must be signed by the Principal (or by another individual in the Principal’s conscious presence) before a Notary Public or by another authorized individual. A disclosure statement, as provided by § 564-E:105, must also be signed by the Principal (or by the party they have directed to sign their name) and subsequently affixed to the POA.
- Durable Power of Attorney (§ 564-E:105(c)) – The Principal must sign the POA (or another individual may do so at the Principal’s direction and in their conscious presence), and this signature must be acknowledged before a Notary Public or other individual authorized by law to take acknowledgments.
- Advance Directive / Medical Power of Attorney (§ 137-J:20) – Must be signed by the Principal, or if they are physically unable to sign, by someone else writing the Principal’s name, in their presence and at their express direction. Two (2) witnesses or a Notary Public or a Justice of the Peace must also sign the POA.
Advance Directive (Durable Power of Attorney + Living Will) – A contract that allows an individual to appoint an agent to carry out their desires, special provisions, and limitations concerning their health care decisions.
Download – Adobe PDF
Durable (Financial) Power of Attorney – The powers granted to an agent by a general POA will immediately become invalid if the principal becomes incapacitated or dies.
General (Financial) Power of Attorney – A General Power of Attorney should be used in cases where the principal only wants a POA to remain active for as long as they are capable of communicating their wishes on their own (that is, for as long as they are not incapacitated).
Limited (Special) Power of Attorney – In order to restrain the decision making powers granted to an agent to a particular set of circumstances or for a limited amount of time, a Limited (Special) POA should be enacted.
Minor Child Power of Attorney – Once parents or guardians have organized for a responsible individual to take care of their child or children in situations where they are unable to do so themselves, they must formalize this arrangement by completing this limited type of power of attorney.
Motor Vehicle (DMV) Power of Attorney – An individual who has selected another individual to act on their behalf to apply for a certificate of title or registration must make a record of this arrangement in writing using this form.
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. Should the POA involve conveyancing, there are specific state law requirements that must be met for the form to be valid.
Revocation of Power of Attorney – From the date this document becomes valid onwards, the named agent may no longer exercise the decision making powers they were previously able to while the POA was active.
State Tax Filing Power of Attorney (Form DP-2848) – The New Hampshire Department of Revenue Administration allows an individual to appoint an attorney-in-fact to perform tax-related acts that they specify in Form DP-2848.
Download – Adobe PDF
When is it Effective?
New Hampshire state law § 564-E:105(c) dictates that for a POA arrangement that a) is not general in type or b) does not concern real estate, the following conditions must be met in order for it to be effective:
- The POA is signed by the Principal (or by another individual who has been directed by the Principal to do so, so long as it is done in their conscious presence).
- A Notary Public or another individual authorized by law to take acknowledgments has acknowledged the Principal’s signature.
For a General POA to be effective, § 564-E:105(a) states that it must be signed by the Principal (or by another individual directed to so by the Principal in their conscious presence). The signature must take place before a Notary Public or by another authorized individual. Additionally, the disclosure statement noted in § 564-E:105 must be signed by the Principal (or by the party they have directed to sign their name) and affixed to the Power of Attorney form.
For a Power of Attorney to convey real estate, § 564-E:105(b) states that it must be signed by the Principal (or in their conscious presence by another individual directed by the Principal to sign their name on the General Power of Attorney). The POA must be acknowledged before a Notary Public or by another authorized individual.
As a separate set of laws govern Advance Directives, the conditions concerning their lawful establishment are different than those specified above. That is, § 137-J:20 sets forth that an Advance Directive must be signed by the Principal. If the Principal is physically unable to sign the Power of Attorney they may expressly direct someone else to sign their name, so long as it done in their conscious presence. It is also a requirement that two (2) witnesses or a Notary Public or a Justice of the Peace sign the POA.