New Hampshire Advance Directive Form [PDF]

An advance directive is a legal document that enables individuals to specify their preferences for future medical care and appoint someone to make health care decisions on their behalf when they cannot do so themselves.

So, this document includes two essential components—a durable power of attorney for health care (medical power of attorney) and a living will. The living will allows individuals to detail their specific wishes regarding medical treatments, including preferences for life-sustaining measures and pain management.

That is why creating an advance directive is a crucial part of advance care planning—it allows you to stay in control over your health care choices.

Signing Requirements for New Hampshire Advance Health Care Directive

The signing requirements for an advance directive form are outlined in Section 137-J:14 of New Hampshire Revised Statutes and are as follows:

Signing Requirements for New Hampshire

The advance directive must be in writing.
The document must include the date of signing.
The principal must personally sign the document, or if the principal is incapacitated, another person may sign on their behalf in the principal's presence and at their express direction.
Two or more witnesses must sign the advance directive, or a notary public/justice of the peace must acknowledge the principal's signature.

When witnessing the signing of an advance directive, the witnesses must affirm that the principal appeared to be of sound mind and free from duress. They must also confirm that the principal was aware of the nature of the document and signed it freely and voluntarily.

However, there are specific restrictions when it comes to this. Namely, the following individuals aren’t allowed to be witnesses:

The principal's agent or surrogate
The principal's spouse or heir
Anyone entitled to a part of the principal's estate
The attending practitioner or anyone under their direction

In addition, only one of the witnesses may be a healthcare provider or an employee of such a provider.

New Hampshire Advance Health Care Directive Revocation & Changing

The New Hampshire advance directive becomes effective when it’s determined that the principal is unable to make their own health care decisions. This decision is usually made by the principal’s doctor, who confirms that they are incapacitated and unable to communicate their health care wishes.

According to Section 137-J:15, an advance directive for health care in New Hampshire can be revoked in the following ways:

Directive Revocation and Changes

Delivering a signed and dated written statement to their agent, surrogate, or health care provider, stating their intent to revoke the document.
Orally revoking an advance directive in the presence of two or more witnesses.
Physically destroying the document.
Executing a new advance directive will—an act that automatically revokes the previous one.
If the principal files for divorce or legal separation from the agent, the agent’s authority is revoked unless an alternate agent is named in the directive.

Additional Legal Considerations for New Hampshire Advance Health Care Directive

According to Section 137-J:17, if there is an advance directive from another state that is valid in that state, it will still be accepted in New Hampshire as long as it follows the laws of that state and doesn’t violate New Hampshire laws.

Section 137-J:18 specifies that if the principal appoints more than one agent in the health care advance directive, the agents will have authority based on the order their names appear in the document. If the principal wants the agents to share authority equally, they must clearly state so in the document.

As stated in Section 137-J:21, if someone files a petition to appoint a guardian, the probate court will review whether the authority of an agent named in the advance directive should be suspended or revoked. To make this decision, the court will consider the principal’s wishes as outlined in the advance directive. The principal’s wishes are key and will guide the court’s choice about the agent’s authority.

However, this process does not change the usual legal procedures or proof requirements for guardianship. The advance directive and the appointed agent are presumed to be valid and in the best interest of the principal unless there is clear and convincing evidence to suggest otherwise.

How to Choose a Health Care Agent in New Hampshire

To choose a New Hampshire health care proxy (agent), select someone you trust will understand your values and medical care preferences and is willing and able to act in your best interests.

Generally, anyone over 18 can be an agent, but certain individuals, such as your health care provider or employees of your health care provider, cannot serve in this role.

What Happens if You Don’t Have an Advance Directive in New Hampshire?

If you don't have an advance directive in New Hampshire, your family or close friends will lack clear guidance on how to make medical decisions that align with your preferences.

This absence of direction can lead to choices that do not reflect your wishes. Namely, your loved ones will probably rely on the doctor's assessment of what is best for your condition, and this may not align with your preferences.