IX. "Principal" means a person 18 years of age or older who has executed a durable
power of attorney for health care.
X. "Residential care provider" means a "facility" as defined in RSA 161-F:11, V, a
"nursing home" as defined in RSA 151-A:1, IV, or any individual or facility licensed,
certified or otherwise authorized or permitted by law to operate, for profit or otherwise, a
residential care facility for adults, including but not limited to those operating pursuant to
Source. 1991, 146:2. 2004, 110:3, eff. July 16, 2004.
137-J:2 Scope and Duration of Authority. –
I. Subject to the provisions of this chapter and any express limitations set forth by the
principal in the durable power of attorney for health care, the agent shall have the
authority to make any and all health care decisions on the principal's behalf that the
principal could make.
II. After consultation with the attending physician and other health care providers, the
agent shall make health care decisions in accordance with the agent's knowledge of the
principal's wishes and religious or moral beliefs, as stated orally or otherwise
communicated by principal to agent, or as contained in the durable power of attorney for
health care or in a terminal care document executed pursuant to the provisions of RSA
137-H; or if the principal's wishes are unknown, in accordance with the agent's
assessment of the principal's best interests and in accordance with accepted medical
III. Under a durable power of attorney for hea lth care, the agent's authority shall be in
effect only when the principal lacks capacity to make health care decisions, as certified in
writing by the principal's attending physician and filed in the principal's medical record.
When and if a person regains capacity to make such decisions, such event shall be noted
in the principal's medical record. A durable power of attorney for health care may include
a provision that, if the principal has no attending physician for reasons based on his
religious or moral beliefs as specified in the durable power of attorney for health care, a
person designated by the principal in the durable power of attorney for health care may
certify in writing, acknowledged before a notary or justice of the peace, as to the lack of
decisional capacity of the principal. The person so designated by the principal shall not
be the agent, or a person ineligible to be the agent.
IV. Notwithstanding that a durable power of attorney for health care is in effect and
irrespective of the principal's lack of capacity to make health care decisions at the time,
treatment may not be given to or withheld from the principal over the principal's
objection. The principal's attending physician shall make reasonable efforts to inform the