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Question
Do I really need a power of attorney in New Hampshire?
You are not legally required to have a power of attorney, but creating one can ensure your wishes are met if you become incapacitated. If you want to choose the person who will make decisions about your finances, you need a power of attorney.
If you do not have a power of attorney when you become incapacitated, a New Hampshire probate court most likely will intervene and appoint a guardian to make decisions for you. The court process can be expensive for you and stressful and time-consuming for your loved ones. A court also might appoint someone you would not choose to be your guardian.
Powers of attorney also are necessary if you need someone to make decisions for you when you are healthy. For example, many people use a limited power of attorney to allow a financial adviser to manage their investments.
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How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
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Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How to get a New Hampshire power of attorney
Understand how a POA works in New Hampshire
A power of attorney is a legal document. You can use a power of attorney to give another person — called the agent or attorney-in-fact — the legal authority to make decisions for you. As the person who makes the power of attorney, you will be called the principal.
In New Hampshire, the types of powers of attorney are:
- General power of attorney: gives your agent broad powers to act on your behalf
- Limited power of attorney: gives your agent specific powers to take only one action or handle a few types of transactions
- Durable power of attorney: remains effective when you are incapacitated
- Nondurable power of attorney: terminates when you are incapacitated
- Springing power of attorney: does not become effective until a future date or event, such as incapacity
Select an agent
Your agent must be responsible and trustworthy. Their actions will be legally binding on you. Unless you limit their power, your agent will have access to your property and bank accounts. They also should be comfortable reading and filling out complicated forms and interacting with financial and legal professionals.
It is important to select one or more successor agents if you create a durable power of attorney. A successor agent will become your agent if your original agent is unable to serve.
Give your agent power
Think about why you want a power of attorney and when you want your agent to act. A general power of attorney is preferable when you want an agent to act while you are incapacitated. Giving them broad authority will allow them to be more flexible when dealing with unexpected circumstances.
If you do not want your agent to act when you are incapacitated, your power of attorney must state it will terminate if you become incapacitated. A nondurable power of attorney is a good choice if you want an agent to handle a specific transaction or limited transaction.
Sign your power of attorney and have your agent sign an acceptance
You must sign your power of attorney. If you are physically unable to sign, you can direct another person in your presence to sign your name for you. You also need to acknowledge your signature before a notary public.
Unlike most states, New Hampshire requires agents to sign an acceptance of a power of attorney before they can act on a principal’s behalf. If the form you use does not include an acceptance, the New Hampshire Statutes provide a form for acceptance of a power of attorney.
Give your power of attorney to your agent and copies to necessary parties
After you sign your power of attorney, store a copy in a safe place and give the original to your agent. Your agent needs it to prove they have the authority to act on your behalf.
You also can provide copies to businesses that will deal with your agent. Doing so can help you ensure they do not have questions and will honor your agent’s authority. However, if you later revoke your power of attorney, you should let everyone who has a copy know about the revocation.
Commonly asked questions about powers of attorney in New Hampshire
New Hampshire’s statutes contain a free sample form power of attorney. If you fill it out and sign it properly, you will have a valid power of attorney. However, the form is not very flexible, and you should not edit it without the advice of an attorney.
You may see other free forms online, but you should avoid these because they may not comply with current New Hampshire law.
You do not need an attorney to make a power of attorney in New Hampshire. You can create your own by using an easy-to-complete form like the ones we offer and following the above steps.
Attorneys can be helpful if you need legal advice or want someone to review your completed form. If you want to use an attorney, contact an estate planning attorney licensed in New Hampshire.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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