Durable Power of Attorney for Health Care - New Hampshire

principal of any proposed treatment, or of any proposal to withdraw or withhold
treatment.
V. Nothing in this chapter shall be construed to give an agent authority:
(a) To consent to voluntary admission to any state institution;
(b) To consent to a voluntary sterilization; or
(c) To consent to withholding life-sustaining treatment from a pregnant patient,
unless, to a reasonable degree of medical certainty, as certified on the pa tient's chart by
the attending physician and an obstetrician who has examined the patient, such treatment
or procedures will not maintain the patient in such a way as to permit the continuing
development and live birth of the unborn child or will be physically harmful to the patient
or prolong severe pain which cannot be alleviated by medication.
Source. 1991, 146:2, eff. July 19, 1991.
Section 137-J:3
137-J:3 Use of Statutory Forms. –
I. Every person wishing to execute a durable power of attorney for health care shall be
provided with a disclosure statement substantially in the form set forth in RSA 137-J:14
prior to execution. The principal shall be required to sign a statement acknowledging that
he has received the disclosure statement and has read and understands its contents.
II. A durable power of attorney for health care executed on or after the effective date of
this chapter shall be substantially in the form set forth in RSA 137-J:15.
III. Artificial nutrition and hydration may not be withdrawn or withheld under a durable
power of attorney for health care unless there is a clear expression of such power in the
document.
Source. 1991, 146:2, eff. July 19, 1991.
Section 137-J:4
137-J:4 Restrictions on Who May Act as Agent. – A person may not exercise the
authority of agent while serving in one of the following capacities:
I. The principal's health care provider.
II. A nonrelative of the principal who is an employee of the principal's health care
provider.
III. The principal's residential care provider.
IV. A nonrelative of the principal who is an employee of the principal's residential care
provider.
Source. 1991, 146:2, eff. July 19, 1991.
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