The New Hampshire durable power of attorney (durable POA) is a legal document that enables one person to authorize another person to act on their behalf and represent them before governmental, financial, legal, and other organizations and third parties.
A durable power of attorney will remain valid and effective even if the principal becomes incapacitated.
In New Hampshire, the principal can use a durable power of attorney for every situation in which they cannot personally represent their interests. This can be caused by a mental disability, like dementia or Alzheimer’s disease, or simply because the principal is located far from the place where a certain action needs to be taken.
Durable Power of Attorney Laws & Requirements in New Hampshire
Laws & Requirements
Relevant laws: Title LVI, Chapter 564-E - Uniform Power of Attorney Act
Signing requirements: Both the principal and the agent must sign the durable power of attorney before the notary public. (§ 564-E:105)
Statutory form: The New Hampshire Code provides the statutory form at § 564-E:301.
“Durable” definition: According to § 564-E:102(4), “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.
How to Fill out a Durable Power of Attorney in New Hampshire
#1. Designate an Agent
Firstly, you should determine the person who is going to act on your behalf and represent your interests. The agent should be of legal age and have the legal capacity to act.
Additionally, it should be someone you can trust, especially if you are planning to authorize them to make decisions regarding your finances or health care.
If you need someone to represent you before the court or the tax authorities, you should name a professional as your agent. That should be an accountant, tax consultant, lawyer, or any other person who has professional knowledge in the relevant field.
After you have determined your agent, enter their details (full name and mailing address) in the durable power of attorney form.
#2. Grant Authority
After you have determined your agent, you should define their scope of authority.
The New Hampshire durable power of attorney form provides three ways to determine your agent’s scope of authority:
Scope of Authority
General authority. If you select this option, your agent will be able to take all the necessary actions and represent you before all third parties. You can limit the general power of attorney by providing a list of activities the agent is not allowed to take part in.
Partial authority. Here, you can select the activities you want to include in your agent’s scope of authority from the list of activities provided in the durable power of attorney form.
Special authority. This option gives you the most flexibility since you can describe the scope of authority you want your agent to have in your own words. That also enables you to include the activities that are not provided in the durable power of attorney form.
#3. Ensure the Form is Durable
In New Hampshire, the power of attorney is assumed to be durable, meaning that if you want yours to be non-durable, you must explicitly state so in the document.
#4. Sign the Form
After completing the draft, both the principal and the agent must sign the durable power of attorney before the notary public.
#5. Notarize the Form
In New Hampshire, the notary public or other body authorized to take acknowledgments must authorize the durable power of attorney. By notarizing the durable power of attorney, the relevant body will authorize the signatures of the relevant parties and the overall authenticity of the document.
#6. Store Your Durable Power of Attorney Form
After finalizing the document, you should keep the original copy in your possession and in a safe place.
You can give one copy to the agent so they can prove their capacity to the third parties they are interacting with on your behalf.
How to Revoke a Durable Power of Attorney in New Hampshire
The best way to revoke the New Hampshire durable power of attorney is to issue a revocation letter. This letter should include the name of the agent, the date of signing the power of attorney, and all the other information that will individualize the power of attorney you wish to revoke.
To make the revocation effective, you should give one copy of the revocation letter to the agent and to every third party the agent is interacting with on your behalf.