Living Will Laws - New Hampshire

State Website: www.gencourt.state.nh.us/rsa/html/indexes/default.html

State Law Reference: New Hampshire Revised Statutes.

Living Will Form: New Hampshire Declaration serves as Living Will (Section 137-J:20).

Other Directives: An organ donation form is provided on this site as part of the state-specific Advance Health Care Directive under the Anatomical Gift Act (Sections 291-A:1+).

Living Will Effective: Two (2) physicians must certify in writing that you are in a terminal condition and your death would occur within a short period of time without the use of life-sustaining medical care. (Sections 137-J:11-J20).

Living Will/Advance Health Care Directive Witness Requirements: Sign in the presence of two (2) witnesses eighteen (18) years or older or a notary public. A witness cannot be a person who has a claim against your estate, stands to inherit from your estate, be your spouse, or be your doctor or a person acting under direction or control of your doctor. If you are a resident of a health care facility or a patient in a hospital, one of your witnesses may be your doctor or an employee of your doctor. (Section 137-J:14).

Advance Health Care Directive: State-specific form is provided by legislature and is referred to as New Hampshire Declaration. (Sections 137-J:19-J20).

Durable Health Care Power of Attorney: Agent may consent, refuse to consent or withdraw consent to any care, treatment, admission to a health care facility, any service or procedure to maintain, diagnose or treat an individual’s physical or mental condition. Artificial nutrition and hydration may not be withdrawn or withheld unless clear expression of such power in document. Does not include power to consent to voluntary admission to state institution, voluntary sterilization or consent to withholding of life-sustaining treatment for pregnant patient unless treatment will not permit continuing development and live birth of unborn child. Revocable by (1) notifying attorney-in-fact or health care provider orally or in writing or in any other way communicating specific intent to revoke; (2) execution of subsequent durable power of attorney; (3) filing of action of divorce if spouse is agent. Revocation effective upon notice to health care provider or to attorney-in-fact. Person who is directly interested or related to patient may file an action to revoke durable power of attorney on grounds that principal was not of sound mind or under duress, fraud, or undue influence. Documents executed in another state are enforceable if they are in compliance with the law of that state or jurisdiction. No state-specific form provided by legislature. (Section 137-J:19). Follow signature, witness, and notary requirements as noted on form.

Durable Financial Power of Attorney: State-specific form is provided by legislature and is available on the site. (Section 506:6). Follow signature, witness, and notary requirements as noted on form.