Updated on September 29th, 2021
A New Hampshire advance directive allows a principal (individual making the form) to define their end-of-life medical preferences and appoint an agent to communicate health care decisions on their behalf. There are two (2) components to this document: a living will and a durable power of attorney for health care. The living will specifies whether or not the principal wants life-sustaining treatments in near-death situations. With the power of attorney, the principal authorizes an agent to direct their health care decisions to medical professionals in the event they lose the capacity to do so on their own.
Agent’s Duties – § 137-J:5
Laws – Title X, Chapter 137-J (Written Directives for Medical Decision Making for Adults Without Capacity to make Health Care Decisions)
Signing Requirements (§ 137-J:14) – Two (2) Witnesses or Notary Public
Statutory Form – § 137-J:20
Statute – § 137-J:2(I)
“Advance directive” 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.