A New Hampshire power of attorney is a document that enables you to authorize another person to act on your behalf and represent you before a governmental, financial, or any other organization.
The person issuing a power of attorney is called the principal, while the person authorized to act on their behalf is called the agent or the attorney-in-law.
A power of attorney is commonly used in several situations, namely when:
Reasons for Authorization
Individuals reach old age and have unstable physical or mental health
A person is planning to move abroad for a prolonged period of time
A person wants to appoint another person to represent them in case of their incapacity
The residents of the care facilities need assistance with managing their financial or other matters
Types of Power of Attorney in New Hampshire
New Hampshire Durable (Statutory) Power of Attorney Requirements
If the principal wants to appoint someone to act on their behalf even after they have become incapacitated, they can do so by issuing a New Hampshire durable power of attorney.
New Hampshire General (Financial) Power of Attorney Requirements
The general power of attorney form in New Hampshire grants authority to transfer general and unspecified powers from a principal to an agent. This will enable the agent to represent the principal in every matter and before every third party, unless limitations to these powers are explicitly provided in the power of attorney.
New Hampshire Limited (Special) Power of Attorney Requirements
This type of power of attorney provides a list of special powers granted to the agent, meaning that the agent cannot take any action that is not specified in the power of attorney. Moreover, the power of attorney can automatically terminate after the agent completes the action they are authorized to take.
New Hampshire Parental (Minors) Power of Attorney Requirements
Parents or legal guardians can use the New Hampshire power of attorney to grant another individual the authority to make decisions regarding a minor’s health care, education, and any other matters that require the parent's permission.
New Hampshire Medical Power of Attorney Requirements
If the principal wants to authorize another person to make decisions about their health care in case they become incapacitated, they should draft the New Hampshire medical power of attorney. This usually includes situations where the principal is not conscious due to an accident or surgery or is unable to make rational decisions due to their mental state.
New Hampshire Springing Power of Attorney Requirements
This type of power of attorney becomes effective after a certain date or after a certain event, like the principal’s incapacity. In certain cases, the relevant medical authority needs to determine the incapacity of the principal before the power of attorney can become effective.
New Hampshire Vehicle Power of Attorney Requirements
The principal can use this type of power of attorney to authorize another person to participate in the sale or purchase of the vehicle on their behalf and represent them before the New Hampshire DMV for the title transfer of the vehicle's registration.
New Hampshire Revocation Power of Attorney Requirements
If the principal wants to revoke the previous power of attorney they have issued, they can use the New Hampshire revocation power of attorney. After the revocation, the principal should make sure to inform all the relevant parties so the revocation can take effect.
New Hampshire Tax Power of Attorney Requirements
The principal uses a tax power of attorney to authorize their accountant or tax advisor to represent them before the New Hampshire tax authorities. The scope of powers delegated to the agent can include obtaining information, submitting tax reports and filings, and completing other tax-related activities.
New Hampshire Real Estate Power of Attorney Requirements
This document enables the property owners to designate an agent to act on their behalf in making decisions related to real estate. While this power is typically granted for the purpose of handling real estate closings, it can be used to authorize an agent to oversee property management, make renovations, or arrange mortgage refinancing instead of the principal.
Legal Requirements for a Power of Attorney in New Hampshire
Witnesses. A health care power of attorney or an advance directive is only effective if it’s either notarized or signed by two (2) eligible witnesses who can corroborate the signatures. (137-J:14)
Mental capacity. The individual creating a power of attorney must have the mental capacity to understand the consequences of their action. The specific definition of this mental capacity is subject to interpretation by the courts of New Hampshire.
Signature. To be valid, a power of attorney requires the principal’s signature (excluding the electronic signature) or the signature of another person authorized by the principal to sign on their behalf in their conscious presence.
Disclosure statement. A disclosure statement must be attached to every general power of attorney, stating the principal’s rights and consequences of signing the general power of attorney, as provided in section 564-E:105.
Notarization. General, health care, and real estate powers of attorney need to be acknowledged before the notary public or another party authorized by law to make such acknowledgments.
Who Can Be an Agent for a Power of Attorney in New Hampshire?
From a legal standpoint, you can designate any adult with legal capacity as your agent. However, it is also important to consider practical factors before choosing your agent, like the person’s reliability and location.
People usually choose some of their family members or friends as their agents. However, in certain situations, you must choose a person with certain professional skills and knowledge. For example, if you are dealing with some financial or legal matters, you need to hire someone who has the necessary knowledge in that field, like your accountant or lawyer.
How to Create a New Hampshire Power of Attorney
Power of Attorney in New Hampshire
#1. Decide on Which Type of Document to Use
The type of power of attorney that best suits your needs depends on multiple factors, including:
Scope of authority you want to transfer to your agent
The purpose for which you need to be represented
The moment in which you want your power of attorney to become effective
Validity of your power of attorney
#2. Select an Agent
Choose a person who is of legal age, has the legal capacity to become an agent, and is trustworthy and capable of being an agent.
#3. Define the Agent’s Powers
You can either give general powers to your agent or define the list of specific powers and authorities you want to transfer.
#4. Download & Fill in Our Form
The easiest way to get your professional New Hampshire power of attorney is to download one of our templates, fill out all the necessary information about the principal and agent, and define all the powers delegated to the agent.
#5. Get It Signed & Notarized
The New Hampshire power of attorney needs to have the principal’s signature. If you are drafting a general, health care, or real estate power of attorney, the document also needs to be notarized.
#6. Safely Store the Original Copy
The principal should keep the original power of attorney and eventually hand out additional copies to the agent(s) so they can prove their capacity when representing the principal.
#7. Provide Copies to Relevant Parties
Besides the agents, you should make sure every third party they are interacting with gets a copy of the power of attorney for their reference.
#8. Update the Document as Needed
Whenever some of the relevant information in the power of attorney changes, you should update the document by issuing a new power of attorney. Such an updated power of attorney should be sent to all relevant parties in the same way as the previous version.
How Long Does a Power of Attorney Last in New Hampshire?
The New Hampshire power of attorney can become effective either upon the parties’ signatures or at a designated event or date specified by the principal. However, if it is not deemed durable, it ceases to be effective upon the principal’s death or incapacitation.
New Hampshire Power of Attorney FAQ
You can use a power of attorney when you are not capable of representing yourself due to your mental or physical state, the fact that you are moving to another country or any other reason that makes you unable to personally take a certain action.
A power of attorney authorizes another person—the agent—to take all the necessary actions on behalf of the person issuing the power of attorney, the principal.
In New Hampshire, if you are drafting a general or real estate power of attorney, you must authorize the document before the notary public or other body authorized by law. If you are drafting a health care power of attorney, you have the option of having the document authenticated by two witnesses or by a notary public.
Even if you have already drafted a will, you should still consider drafting a power of attorney. While a will regulates the distribution of your assets after you die, a power of attorney protects your interests during your lifetime.