Durable Power of Attorney for Health Care - New Hampshire

Section 137-J:5
137-J:5 Execution and Witnesses. – The durable power of attorney for health care shall
be signed by the principal in the presence of 2 or more subscribing witnesses, neither of
whom shall, at the time of execution, be the agent, the principal's spouse or heir, or a
person entitled to any part of the estate of the principal upon death of the principal under
a will, trust or other testam entary instrument or deed in existence or by operation of law.
No more than one such witness may be the principal's health or residential care provider
or such provider's employee. The witness shall affirm that the principal appeared to be of
sound mind and free from duress at the time the durable power of attorney for health care
was signed and that the principal affirmed that he was aware of the nature of the
document and signed it freely and voluntarily. If the principal is physically unable to
sign, the durable power of attorney for health care may be signed by the principal's name
written by some other person in the principal's presence and at the principal's express
direction.
Source. 1991, 146:2, eff. July 19, 1991.
Section 137-J:6
137-J:6 Revocation. –
I. A durable power of attorney for health care shall be revoked:
(a) By notification by the principal to the agent or to a health or residential care
provider orally, or in writing, or by any other act evidencing a specific intent to revoke
the power;
(b) By execution by the principal of a subsequent durable power of attorney for
health care; or
(c) By the filing of an action for divorce of the principal and spouse, where the
spouse is the principal's agent, except when there is an alternate agent designated, in
which case the designation of the spouse shall be revoked and the alternate designation
shall become effective. Re-execution or re-affirmation of the durable power of attorney
for health care following filing for divorce shall make effective the designation of the
former spouse as agent under the durable power of attorney.
II. A principal's health or residential care provider who is informed of or provided with a
revocation of a durable power of attorney for health care shall imm ediately record the
revocation in the principal's medical record and notify the agent, the attending physician,
and staff responsible for the principal's care of the revocation. An agent who becomes
aware of such revocation shall inform the principal's health or residential care provider of
such revocation.
Source. 1991, 146:2, eff. July 19, 1991.
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