A New Hampshire Power of Attorney Form is a legal document that gives the agent or attorney-in-fact the powers to act on the principal’s behalf.
The agent may handle the principal’s medical, financial, personal, or business affairs. The decisions made by the agent must be in the principal’s best interest to ensure that the powers granted are not misused. The power of attorney form in New Hampshire is often used for financial, medical, or real estate matters; however, various other types can be utilized.
Types of POA in New Hampshire
There are different power of attorney forms in New Hampshire that can be used. Understanding them will help ensure that the correct information is incorporated into the document. It will also help ensure that the form aligns with the state laws.
These types include the following:
Durable (Statutory) Power of Attorney
A durable power of attorney form allows a resident of the state of New Hampshire to appoint an agent to act on their behalf. The term 'durable' means that a power of attorney stays in place even in the event of incapacitation or disability of the principal. When used to deal with business-related or financial matters, it is also referred to as the general durable power of attorney or the durable power of attorney of finance. A New Hampshire durable power of attorney form must align with the statutory laws outlined in Chapter 564-E Uniform Power of Attorney Act. According to § 564-E:105, New Hampshire does not require the durable power of attorney to be notarized. However, the state does offer statutory forms, which can be found in  § 564-E:301.
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General (Financial) Power of Attorney
A general (financial) power of attorney is a document that gives the agent the power to handle the principal's financial affairs, according to N.H. Rev State § 564-E:201. The agent will be allowed to exercise a broad range of powers; however, the principal must review the form and select which powers the agent may exercise. The powers granted to the agent stay in place even in the event of the principal's incapacitation or until the principal decides to revoke the powers. However, if the principal cannot make their own decisions, then the document terminates. The principal's signature must be indicated in the presence of a notary public as indicated in N.H Rev. Stat §564-E: 105, while the form used must align with the RSA 506:6.
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Limited Power of Attorney
The limited POA is a type of power of attorney form used in New Hampshire that allows the principal to grant specific legal powers to the agent for a limited period, as indicated in N.H Rev. Stat § 506-E:201. It can be tailored to various situations to ensure that the principal's interests are protected. The principal must be specific about what actions the agent will be expected to carry out on their behalf to ensure that there is no confusion. The principal's signature must be indicated in the presence of a notary public as indicated in N.H. Rev. Stat § 564-E:105.
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Medical Power of Attorney
The New Hampshire medical power of attorney authorizes the agent to handle healthcare decisions on the principal's behalf. These powers come into effect when the principal cannot make these decisions on their own due to incapacitation, illness, accident, or a surgical procedure. The principal's preferences must make the agent's decisions. The form should also align with the statutory laws indicated in Section137-J:20. The medical power of attorney should be signed in the presence of two witnesses or a notary public as indicated in § 187-J:14.
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Minor (Child) Power of AttorneyÂ
Parents and guardians use a minor power of attorney form to grant representative power to make decisions about their children's affairs for a limited period. There are no statutory laws that govern this type of power of attorney. A petition for Guardianship of a Minor (Form NHJB-2024-F), which allows the agent to decide about the child's education and medical welfare, must be filled out at a Probate County Service Center. Parents who are in the military, on long-term hospitalization, and those on vacation can use it.
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Real Estate Power of Attorney
A real estate power of attorney form in New Hampshire authorizes an agent to handle real estate-related matters on the principal's behalf. The principal may specify the tasks that the agent can handle or provide them will full powers. The principal should select a trustworthy agent to protect their interests. Once the document is filed, it should be signed in the presence of a witness and notary public as indicated in N.H. Rev Stat §§ 477:9 ,564-E:105. The reals estate power of attorney should align with the statutory laws outlined in Chapter 564-E: Uniform Power of Attorney Act.
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Revocation of a Power of Attorney
A Revocation of power of attorney allows the principal to cancel and void powers previously granted to the agent. Once filed, the principal will be required to send a copy of the document to relevant parties, including the agent and third parties like the bank or hospital. The document provides written proof that the principal has decided to revoke the agent's power of attorney.
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Tax Power of Attorney (DR-835)
A New Hampshire tax power of attorney form is a document that authorizes the principal to deal with tax-related affairs on behalf of the principal. The agent is usually a qualified person like an accountant who can deal with the Department of Revenue Admiration in New Hampshire and other tax entities in the state. The agent can fill, obtain information, and represent the principal in various tax-related matters. The details within the taxing power of attorney should be accurate and up to date to avoid filing delays or rejection of the document. The principal can opt to terminate the document, or if a new tax power of attorney is drafted, it will supersede the previous tax power of attorney.
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Vehicle Power of Attorney (HSMV 82053)
A vehicle power of attorney form allows a principal to appoint an agent who will deal with matters regarding their vehicle, like its purchase and interaction with the Division of Motor vehicles in New Hampshire. The principal will be required to provide the agent with the necessary information to enable them to carry out their responsibilities. It is also crucial that the principal specifies what tasks the agent will be allowed to carry out in the power of attorney form.
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Springing Power of Attorney
A spring power of attorney form comes into effect when a specific event occurs, such as the principal's incapacitation. The principal specifies the powers the agent will task with, which may be broad or limited. For example, it can be used to appoint an agent who may be tasked with the principal's legal, financial, or medical affairs.
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New Hampshire POA Form Requirements
A New Hampshire power of attorney form must contain the principal’s name, address, and signature. The date of execution and the agent’s details should also be indicated. A clear description of the powers that have been granted to the agent should be outlined and described. Information on when the powers begin and end should also be provided. Lastly, the principal’s signature must be indicated in the presence of a notary public.
DPOA requirements
A New Hampshire durable power of attorney form must adhere to the laws outlined in Chapter 564-E (Uniform Power of Attorney Act). A power of attorney form is presumed to be durable by default in the state of New Hampshire if it meets the criteria outlined in §564-E:104. The principal’s signature must be indicated in all durable power of attorney forms for it to be legally binding; however, it does not need to be notarized as indicated in §564-E:105. A statutory form can be obtained from §564-E:301. A durable power of attorney form must contain the required language outlined by the state’s laws and regulations.
How to Fill out a DPOA in New Hampshire?
A durable power of attorney form in New Hampshire should be filled appropriately to ensure that information is conveyed adequately. It also helps ensure that the principal’s intention to transfer powers to the agent is effectively communicated.
The following process should be followed when filing a durable power of attorney form:
Designate an agent
The principal should begin by selecting an agent who will act on behalf of the principal for their best interest. Next, the principal should consider the specific decisions the agent will be authorized to make. They should also consider state laws regarding who can be selected as an agent. Once an agent is selected, their name and address, along with the principal’s, should be indicated at the top of the document.
Grant authority
Secondly, the principal should outline the type of powers transferred and the kind of tasks the agent will be expected to perform. The powers may be general or specific. The principal should look into the language required by the state to ensure an adequate description of the powers.
Ensure form durability
Next, the principal should ensure that a power of attorney is durable so that the agent can exercise the powers in the event of their incapacitation. Again, a review of the New Hampshire state laws will help the principal note that a power of attorney within the state is presumed durable unless indicated non-durable.
Sign and date the form
Finally, the principal and agent should sign and date the durable power of attorney form. The signatures must also be notarized as outlined by state law.
How to Get a Power of Attorney Form in New Hampshire?
To get a power of attorney in New Hampshire, there must be a principal and an agent receiving the powers. There can be two or three agents if the first agent cannot carry out their duties. A power of attorney document specific to the state of New Hampshire should be filled out and signed by the principal and the agent. The document should be signed in the presence of a witness or notary public.
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Storage and Usage of DPOA in New Hampshire
Once the New Hampshire durable power of attorney form has been signed and notarized, it should be stored in the principal’s safety deposit box at home. Copies of the document should be provided to the agent, family members, trusted friends, and third parties involved, like banks, state agencies, and landlords.
Signing on behalf of the principal
First, the principal should contact the third party, place, or agency. This third party must be informed that the principal’s representative/agent will use a durable power of attorney. The principal should provide their ID and that of the agent to help identify who they are. Once the third party confirms these details, the agent can sign on the principal’s behalf.
Revoking a DPOA
To revoke the powers granted to the agent, the principal must fill out and complete a New Hampshire revocation of power of attorney form. If the principal is incapacitated and the agent is suspected of neglect and abuse of the powers granted, a third party can revoke the agent’s authority. Therefore a principal must ensure that the individual selected to act as an agent is trustworthy and has their best interest at heart.
Conclusion
The power of attorney form can be used in New Hampshire by a state resident to legally appoint an agent to carry out tasks on their behalf. A state resident can use numerous power of attorney forms, including the durable power of attorney form. Individuals who use this power must understand the type of powers they can transfer and state laws and requirements. For instance, the durable power of attorney must adhere to the statutory laws laid out in Chapter 564-E of the Uniform power of attorney act
For a power of attorney to be obtained, statutory requirements must be met. The durable power of attorney form for New Hampshire must be filled appropriately with the agent’s details, the grated powers, assurance of durability, and signatures from both parties. Once filled, the document must be stored safely by the principal and copies provided to relevant individuals. The principal must also have a clear understanding of how to revoke the powers granted to the agent.
