NEW HAMPSHIRE STATUTE
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
137-J:1 Definitions. – In this chapter:
I. "Agent" means an adult to whom authority to make health care decisions is delegated
under a durable power of attorney for health care.
II. "Artificial nutrition and hydration" means invasive procedures such as but not limited
to the following: nasogastric tubes; gastrostomy tubes; intravenous feeding or hydration;
and hyperalimentation. It shall not include the natural ingestion of food or fluids by
eating and drinking.
III. "Attending physician" means the physician, selected by or assigned to a patient, who
has primary responsibility for the treatment and care of the patient.
IV. "Capacity to make health care decisions" means the ability to understand and
appreciate the nature and consequences of a health care decision, including the significant
benefits and harms of and reasonable alternatives to any proposed health care.
V. "Durable power of attorney for health care" means a document delegating to an agent
the authority to make health care decisions executed in accordance with the provisions of
this chapter. It shall not mean forms routinely required by health and residential care
providers for admissions and consent to treatment.
VI. "Health care decision" means consent, refusal to consent, or withdrawal of 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 except as
prohibited in this chapter or otherwise by law.
VII. "Health care provider" means an individual or facility licensed, certified, or
otherwise authorized or perm itted by law to administer health care, for profit or
otherwise, in the ordinary course of business or professional practice.
VIII. "Life-sustaining treatment" means procedures without which a person would die,
such as but not limited to the following: cardiopulmonary resuscitation, m echanical
respiration, kidney dialysis or the use of other external mechanical or technological
devices, drugs to maintain blood pressure, blood transfusions, and antibiotics.