New Hampshire Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in New Hampshire who cannot decide: an agent, a guardian, or New Hampshire's default surrogate order. Runs in your browser; nothing is stored.

New Hampshire law checked against official sources on October 26, 2026.

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What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in New Hampshire

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

New Hampshire's default surrogate order

  1. Spouse, civil union partner or common law spouse (Not if there is a divorce proceeding, separation agreement or restraining order limiting the relationship)
  2. Any adult son or daughter
  3. Either parent
  4. Any adult brother or sister
  5. Any adult grandchild
  6. Any grandparent
  7. Any adult aunt, uncle, niece or nephew
  8. A close friend
  9. The agent under a financial power of attorney, or a conservator
  10. The guardian of the patient's estate
What it covers
When a patient lacks capacity and no health care agent is authorized and available, a surrogate from the list may make medical decisions without a court order, with the same authority as a health care agent, for up to 180 days.
If more than one person is in the same group
People in the same class should try to agree. If they cannot, a majority of those available controls, unless the minority or another interested party starts a guardianship case.
If nobody on the list is available
There is no default decision-maker after the list. The practitioner is not required to identify a surrogate and may revoke a surrogacy if the surrogate cannot act; guardianship is the route.
Who decides the person cannot decide
The attending practitioner must certify the lack of capacity in the medical record.
Limits
  • Surrogate authority ends after 180 days unless the patient is actively dying, and ends earlier if capacity returns or a guardian is appointed.
  • A surrogate cannot be identified over the patient's express objection, and the surrogacy ends if the patient objects.
  • No agent or surrogate may consent to psychosurgery or electroconvulsive therapy, among other excluded acts such as voluntary sterilization and admission to a state institution.
  • The attending practitioner and a nonrelative employee of the patient's health care or residential care provider cannot act as surrogate.
  • Anyone may challenge the surrogate's priority or a life-sustaining decision by starting a guardianship case.

Source: N.H. Rev. Stat. Ann. 137-J:35 · Checked October 26, 2026

Next steps

Who decides in New Hampshire without a power of attorney?

New Hampshire's default surrogate law (N.H. Rev. Stat. Ann. 137-J:35) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse, civil union partner or common law spouse (not if there is a divorce proceeding, separation agreement or restraining order limiting the relationship).

New Hampshire's default surrogate law in full

New Hampshire's default surrogate order

  1. Spouse, civil union partner or common law spouse (Not if there is a divorce proceeding, separation agreement or restraining order limiting the relationship)
  2. Any adult son or daughter
  3. Either parent
  4. Any adult brother or sister
  5. Any adult grandchild
  6. Any grandparent
  7. Any adult aunt, uncle, niece or nephew
  8. A close friend
  9. The agent under a financial power of attorney, or a conservator
  10. The guardian of the patient's estate
What it covers
When a patient lacks capacity and no health care agent is authorized and available, a surrogate from the list may make medical decisions without a court order, with the same authority as a health care agent, for up to 180 days.
If more than one person is in the same group
People in the same class should try to agree. If they cannot, a majority of those available controls, unless the minority or another interested party starts a guardianship case.
If nobody on the list is available
There is no default decision-maker after the list. The practitioner is not required to identify a surrogate and may revoke a surrogacy if the surrogate cannot act; guardianship is the route.
Who decides the person cannot decide
The attending practitioner must certify the lack of capacity in the medical record.
Limits
  • Surrogate authority ends after 180 days unless the patient is actively dying, and ends earlier if capacity returns or a guardian is appointed.
  • A surrogate cannot be identified over the patient's express objection, and the surrogacy ends if the patient objects.
  • No agent or surrogate may consent to psychosurgery or electroconvulsive therapy, among other excluded acts such as voluntary sterilization and admission to a state institution.
  • The attending practitioner and a nonrelative employee of the patient's health care or residential care provider cannot act as surrogate.
  • Anyone may challenge the surrogate's priority or a life-sustaining decision by starting a guardianship case.

Source: N.H. Rev. Stat. Ann. 137-J:35 · Checked October 26, 2026

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in New Hampshire if there is no power of attorney?

New Hampshire's default surrogate law (N.H. Rev. Stat. Ann. 137-J:35) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse, civil union partner or common law spouse (not if there is a divorce proceeding, separation agreement or restraining order limiting the relationship). The full order, tie rule and limits are in N.H. Rev. Stat. Ann. 137-J:35.

Does next of kin in New Hampshire have authority over money?

No default surrogate law covers money. In New Hampshire, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

New Hampshire law checked against the official text on October 26, 2026.

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