Quickly create your New Hampshire health care directive

You can complete FindLaw’s attorney-created health care directive forms in less than an hour at home. Our guided process takes you through a few easy steps and includes a free HIPAA release form. You’ll be able to download, print and sign your documents in no time.

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In the event that you are ever incapacitated and diagnosed with a terminal medical condition, your loved ones and medical professionals might make treatment decisions for you that you would not have wanted. With a health care directive, you are empowered to make your own choice about the withdrawal of life-prolonging procedures in the event of a terminal condition. This can potentially spare your loved ones from having to make this difficult decision for you.

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Last updated: January 31, 2022

Written by:

Kimberly Lekman, Esq.

Contributing Author

Reviewed by:

John Devendorf, Esq.

Contributing Author

New Hampshire health care directive options to suit your needs

Health Care Directive
For One Person

A do-it-yourself health care directive that’s easy to personalize.

$39

What’s included:

Step-by-step guided process

A health care directive tailored to your needs

Attorney-approved document compliant with your state’s laws

Free HIPAA release form

Free changes and revisions to your document for up to a full year after purchase

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Estate Planning Package
For One person

All the forms you need to create a personal estate plan

$135

What’s included:

Last will and testament

Health care directive

Power of attorney

Free HIPAA release form

A comprehensive plan — for less

Free changes and revisions for up to one year after purchase

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How it works

Create your health care directive in under an hour

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time

Gather information

Decide who will be your health care agent/proxy, which treatments you would request or refuse and release your records

Complete your document

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing

Make it legal

Print and sign your document according to instructions. Give copies to your doctors and agent/proxy

What’s next to make my New Hampshire health care directive valid?

Follow these steps:

Make decisions about your medical care

A health care directive is a type of advance care directive (“advance directive“) that you can use to make health care decisions in advance of a terminal illness. In your health care directive, you will need to decide whether you would refuse life-sustaining treatment in the event that you were diagnosed with a terminal condition and were unable to give informed consent on medical options.

It can be unpleasant to consider this scenario, but it will give you peace of mind knowing that you have planned for it just in case. Your choices will come down to your personal beliefs and preferences. If you have any trouble with these difficult questions, it might be helpful to discuss them with your close loved ones or a trusted doctor.

Choose a health care agent

In New Hampshire, you can choose someone to make health care decisions for you in case you become unable to make unable to make these choices for yourself in the future.

The legal document you will use to name this person is called a durable power of attorney for health care (a “POA”). The person you name in this document is usually referred to as your “health care agent.” You do not have to name a health care agent, but it can be good to know that you have chosen a trusted person to make medical decisions for you if you should become medically incapacitated.

There are a few restrictions under New Hampshire law on your choice of health care agent. In general, you should select a health care agent who knows you well, who understands your medical preferences, and who is willing to advocate on your behalf. Many people choose a close family member such as a spouse, sibling, or adult child for this role. Before finalizing your POA, you should talk to the person you would like to choose and make sure that they are willing to act in this capacity.

Under New Hampshire law, you may not choose the following individuals as a health care agent:

Your attending practitioner or anyone who works for them
An employee of your residential care provider or health care provider
Anyone who is under the age of 18

These restrictions eliminate almost anyone who is a health care professional where you receive treatment. So, it’s best to choose a health care agent who does not have any involvement with your medical care. You should consider naming an alternate agent in case your original choice becomes unable or unwilling to act on your behalf.

Sign your health care directive

To validate your health care directive, you must sign it. According to New Hampshire’s Public Health laws, you must sign in front of either a notary public or two witnesses. The notary or witnesses must also sign your health care directive. There are several restrictions in New Hampshire on who you may choose as a witness. The following people may not witness your will:

Your spouse
Your health care agent
Anyone who may inherit from you
Your attending physician
Anyone who works under the control of your attending physician

Further, only one of your witnesses may be someone who is your health care provider, residential care provider, or their employee. As part of their witnessing duties, your witnesses must affirm that you were of sound mind, understood the meaning of your health care directive, and signed voluntarily. Due to the restrictions on witnesses, it may be more practical to notarize your health care directive.

Distribute you health care directive

After signing your document, you need to make sure that it ends up in the right hands. You should give a copy to your health care agent so that they are familiar with your end-of-life care choices. It’s also important that you give a copy to your health care providers so that they have a record of your wishes. Finally, you should provide your health care directive to your loved ones and put a copy in a safe place that a trusted person knows about.

Update your health care directive

After creating your advance directives, you should be sure to review them from time to time. A good policy is to review your estate planning documents every few years. You may need to update your advance directives sooner if you go through any significant life events such as divorce, a new diagnosis, or an interstate move.

Changes in medical technology or a simple change of heart can cause you to rethink your choices too. It is your right to change your mind on the selections in your advance directives anytime you choose.

You may want to speak with a lawyer if:

Your family disagrees with your medical choices
You don’t know who to appoint as your agent
You have questions about life prolonging measures
You want legal review of your completed document

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New Hampshire health care directive commonly asked questions

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What is the difference between a will and a living will?

Despite the similarity in their names, a will and a living will are very different legal documents. But both can be a part of a comprehensive estate plan.

A last will and testament (a “will”) is the primary estate planning document. You can use a will to provide for the distribution of your assets after your death. Your assets include your real estate as well as your personal possessions. You can choose who will receive them after your passing through your will. If you have minor children, you can use your will to name guardians for them. You cannot use a living will to describe your medical care wishes.

With a living will, also known as a health care directive, you can make your own choices on whether you would refuse life-sustaining treatment in the event that you were incapacitated with a terminal condition. Your health care directive is no longer effective after your death, and you cannot use it to distribute your assets.

What are the different types of advance directives?

There are two types of advance directives in New Hampshire: a health care directive, and a durable power of attorney for health care (sometimes called a “medical power of attorney”).

A health care directive is a legal document you use to make decisions about end-of-life medical treatment in the event that you are ever diagnosed with a terminal condition and are unable to make your own medical decisions. You can use your health care directive to instruct health care professionals whether you would refuse life-sustaining treatment that would only prolong the natural dying process.

A durable power of attorney for health care is another type of advance directive. You can use this document to name a health care agent to make medical decisions for you if you become unable to make them for yourself.

You can have both types of advance directives as part of your estate plan. That way, you have expressed your end-of-life care wishes through a health care directive, and you have chosen someone to make treatment choices for you if your condition could improve.

Is a health care directive from another state valid in New Hampshire?

Yes, out-of-state advance directives are valid under New Hampshire Public Health statutes if they comply with the laws of the state where they were executed.

Although your out-of-state health care directive is valid in New Hampshire, it may be a good idea to update your estate plan after completing an interstate move. This will help to ensure that your advance directives continue to reflect your preferences.

Does a divorce revoke my advance directives?

A divorce does not revoke the medical procedure choices in your health care directive. However, if you named your former spouse as your health care agent, a divorce, separation, or annulment will revoke this selection under New Hampshire law. The exception to this would be if you make it clear in your POA that you want the designation to survive a divorce.

How can I revoke my health care directive?

If you change your mind, you have the right to change or revoke your health care directive at any time you choose. Under New Hampshire law, you can revoke your health care directive through any of the following methods:

Through a written revocation. You would need to sign and date this document and deliver it to either your health care agent, a health care provider, or a residential care provider.
By burning, tearing up, obliterating, or otherwise physically destroying your health care directive or directing someone to do so in your presence.
By creating a new health care directive. A new health care directive revokes a prior one under New Hampshire law.

If you revoke your health care directive completely or create a new one, you should let the right people know about it as soon as possible. Be sure to provide your health care agent and loved ones with updated copies of your advance directives so they have your current wishes at hand. You should also give any new advance directives to your health care providers so that they can update your medical record.

Complex family situation? Need additional guidance?

Contact a local estate planning attorney.