Durable Power of Attorney for Health Care - New Hampshire

Section 137-J:10
137-J:10 Reciprocity. – Nothing in this chapter lim its the enforceability of a durable
power of attorney for health care or similar instrument executed in another state or
jurisdiction in compliance with the law of that state or jurisdiction. However, any
exercise of power under such a foreign durable power of attorney or similar instrument
shall be restricted by and in compliance with the requirements of this chapter and the
laws of the state of New Hampshire.
Source. 1991, 146:2, eff. July 19, 1991.
Section 137-J:11
137-J:11 Immunity. –
I. No person acting as agent pursuant to a durable power of attorney for health care shall
be subjected to criminal or civil liability for making a health care decision in good faith
pursuant to the terms of the durable power of attorney for health care and the provisions
of this chapter, if such person exercised such power in a manner consistent with the
requirements of this chapter and New Hampshire law.
II. No health or residential care provider, or any other person acting for the provider or
under the provider's control, shall be subjected to civil or criminal liability or be deemed
to have engaged in unprofessional conduct, for any act or intentional failure to act done in
good faith, if the act or intentional failure to act is done pursuant to the dictates of the
durable power of attorney for health care, the directives of the patient's agent, and the
provisions of this chapte r, or for failure to follow such directive if the health or residential
care provider believes in good faith that such directive exceeds the scope of or conflicts
with the contents of the principal's durable power of attorney for health care. Nothing in
this section shall be construed to es tablish immunity for the failure to exercise due care in
the provision of services or for actions contrary to the requirements of this chapter or
other laws of the state of New Hampshire.
Source. 1991, 146:2, eff. July 19, 1991.
Section 137-J:12
137-J:12 Effect of Appointment of Guardian; Inconsistency. –
I. On motion filed in connection with a petition for appointment of a guardian or on
petition of a guardian if one has been appointed, the probate court shall consider whether
the authority of an agent designated pursuant to a durable power of attorney for health
care should be suspended or revoked. In making its determination, the probate court shall
take into consideration the preferences of the principal as expressed in the durable power
of attorney for health care. No such consideration shall chang e the procedures or burden
of proof involved in the guardianship process as otherwise provided by law or
procedures. In such consideration, the durable power of attorney for health care and agent
appointed shall be presumed to be in the best interest of the principal and valid, absent
clear and convincing evidence to the contrary.
Page 6/11
Free Download

Durable Power of Attorney for Health Care - New Hampshire PDF

Favor this template? Just fancy it by voting!
  •  
  •  
  •  
  •  
  •  
(0 Votes)
0.0
Related Forms
  •  
  •  
  •  
  •  
  •  
3 Page(s) | 1087 Views | 3 Downloads
  •  
  •  
  •  
  •  
  •  
1 Page(s) | 898 Views | 7 Downloads
  •  
  •  
  •  
  •  
  •  
1 Page(s) | 3161 Views | 61 Downloads
  •  
  •  
  •  
  •  
  •  
1 Page(s) | 1165 Views | 4 Downloads
  •  
  •  
  •  
  •  
  •  
1 Page(s) | 1960 Views | 25 Downloads