A health care directive and living will is a type of advance health care directive (“advance directive“) that you can use to make health care decisions in advance of a terminal illness. In your health care directive and living will, 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.

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.

To validate your health care directive and living will, 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 living will. 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 living will, and signed voluntarily. Due to the restrictions on witnesses, it may be more practical to notarize your health care directive and living will.

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 living will to your loved ones and put a copy in a safe place that a trusted person knows about.

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.