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October 13, 2021

NH’s New Advanced Directive Form- Is it Time to Update your Documents?

A new law was recently enacted relative to advance directives for health care that creates a new advance directive form.

What is it?

The New Hampshire Legislature sought to simplify and clarify the process by which a person may execute a health care advance directive by combining the durable power of attorney for health care and the living will into a single form in which the person completing it (the principal) may name an agent to make decisions if they are unable to, set the parameters for those decisions, and/or specify their wishes for end-of-life care.

The law recognizes that it is preferable for the principal to choose someone who can make health care decisions in real time, under then-existing circumstances, which best reflect the principal’s values as articulated orally or in writing by the principal.

What You Need to Know

The durable power of attorney for health care sets limits on what your agent can decide. A durable power of attorney acts as a permission slip for when you can no longer make your own health care decisions by authorizing your named agent to make decisions for you. The new form’s default language gives your named agent broader decision-making powers that are more flexible. Preparing a durable power of attorney for health care can provide your family and friends with the clarity they need during a difficult time.

The attorneys at Wescott Law have the knowledge and experience to help with your Estate Planning needs. Call us today to ensure that your wishes are honored.

October 13, 2021