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Family Law, Small Business and Estate Planning Forms Drafted by NH Lawyers

July 19, 2020 2 min read

 

My New Hampshire Advance Health Care Directive legal form was drafted by an experienced NH estate planning attorney. The NH Advance Health Care Directive is really two separate legal forms: 1. New Hampshire living will form; and 2. NH Durable Power of Attorney form. Additionally, I offer a New Hampshire online legal consultation if you need more help from an knowledgeable New Hampshire estate planning attorney. 

New Hampshire Living Will Form

The NH Living Will form is used when you want to make sure you DON'T receive life-sustaining treatment if you an incurable condition and you are either near death or permanently unconscious.

"Near death" is defined in the New Hampshire Advance Health Care Statute - New Hampshire Revised Statutes Annotated Section 137-J. It means an incurable condition caused by injury, disease or illness which is such that death is imminent and the application of life-sustaining treatment would, to a reasonable degree of medical certainty, only postpone the moment of death. "Permanently unconscious" means a lasting condition, indefinitely and without improvement, in which thought, awareness of self and environment, and other indicators of consciousness are absent. 

You can also indicate in a New Hampshire Living Will if you want to receive medically administered nutrition and hydration after all other forms of life-sustaining treatment have been withdrawn. 

The NH Living Will form must be signed by you in the presence of either two witnesses or a notary public/justice of the peace in order to be valid. 

New Hampshire Durable Power of Attorney for Health Care Form 

The NH Durable Power of Attorney for Health Care form is used when you want another person you choose (called your Health Care Agent) to make medical

"My New Hampshire Advance Health Care Directive really is two separate legal forms: 1. New Hampshire Living Will form; and 2. NH Durable Power of Attorney form."

decisions for you when you don't have the capacity to make those decisions yourself. Circumstances in which you can't make medical decisions for yourself include surgery under general anesthesia or when you are near death or permanently unconscious.

You can choose in the New Hampshire Durable Power of Attorney for Health Care if you want life-sustaining treatment to continue, or to stop, if you are near death or permanently unconscious. 

Additionally, the New Hampshire Durable Power of Attorney for Health Care form contains a Do Not Resuscitate (DNR) provision. In the event of cardiac or respiratory arrest, you can decide NOT to receive cardiopulmonary resuscitation. 

The NH Durable Power of Attorney for Health Care form must be signed by you in the presence of either two witnesses or a notary public/justice of the peace in order to be valid. 

New Hampshire Online Legal Consultation

My intent in creating my NH Advance Health Care Directive form was to give you a form that you could use and UNDERSTAND without needing to consult with a New Hampshire estate planning attorney.  However, I know that your circumstances are unique and that you may require more legal help than this form provides. If so, I offer an affordable online legal consultation to answer any questions you have and to discuss drafting custom provisions for you. I'm here to help!