New Hampshire power of attorney as described in Chapter 506 of the Revised Statutes states that a person (referred to as an “agent”) may make financial or medical decisions on someone else’s behalf even in the event of incapacity by the person being represented (known as “Durable”). The document must be completed and signed in the presence of a notary public or two (2) qualified witnesses.
Those who may witness must not be one be the following;
- Agent or Attorney-in-Fact Selected
- Spouse or Domestic Partner
- Your Attending Physician or any Health Care Personnel
Durable Financial – For all monetary related decisions. The agent has the right to unlimited access to act on the principal’s behalf for any type of monetary related transaction such as;
- Bank Transfers
- Real Estate Transactions (See Limitations)
- Retirement Accounts
- Bill Payment(s)
Medical – Form does not become valid until the Principal can no longer make health care decisions for themselves due to the incapacity to make their own decisions. This is common with the elderly as dementia or risky surgery becomes inevitable. After the document has been completed and notarized (or signed with two witnesses present) the form should be kept in a safe place that can be easily accessed when needed.
DMV (Motor Vehicle) – Also referred to as the “Title 5 ” form, allows a person to handle all registration and title application filings on behalf of the principal. Unlike other New Hampshire power of attorney forms this document must be signed in order to be considered legal for use.
Forms that may be needed in addition to the DMV Title 5;
Tax (DP-2848) – For all State tax filings. This document is recommended to be directed at a Certified Public Accountant, tax attorney, or other accounting professional that has the knowledge of filing laws in New Hampshire. Unless the one of the two previously mentioned professionals are handling the filing, the document must be witnessed.