New Hampshire
New Hampshire Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 11 primary sources cited on this page. How we verify our legal content
New Hampshire adopted the Uniform Power of Attorney Act (UPOAA) as RSA 564-E, effective January 1, 2018, amended in 2021 to cover digital assets. Under this framework, a power of attorney (POA) lets a principal authorize an agent (also called an attorney-in-fact) to manage financial, property, and legal affairs. One important feature sets New Hampshire apart from many states: a POA created under RSA 564-E is durable by default, meaning it survives the principal's incapacity unless the document expressly states otherwise. Healthcare decisions require an entirely separate instrument governed by RSA 137-J, the state's advance directive statute.
For the full 50-state overview, see our national Power of Attorney guide.
What a Power of Attorney Does in New Hampshire
A power of attorney is a written legal document through which a principal grants an agent authority to act on the principal's behalf. The scope of that authority is determined by what the document expressly grants, together with the actions reasonably necessary to carry it out. A broadly drafted financial POA can authorize an agent to manage bank accounts, buy and sell real estate, handle investments, file taxes, operate a business, and take other legal actions the principal could personally perform.
New Hampshire's UPOAA framework in RSA 564-E provides a complete set of rules for financial and property POAs. Article 2 of that chapter (RSA 564-E:204 through 564-E:217) defines the scope of authority for each subject matter category, including real property, personal property, stocks and bonds, banking, business operations, insurance and annuities, estates and trusts, claims and litigation, personal and family maintenance, government benefits, retirement plans, and taxes.
Agents under a New Hampshire POA act in a fiduciary capacity and are legally obligated to serve the principal's interests, not their own. The POA gives the agent no authority to make healthcare or medical decisions; that requires a separate advance directive under RSA 137-J.
Durable Power of Attorney in New Hampshire
In most states a POA is non-durable by default, which means it lapses the moment the principal loses mental capacity. New Hampshire reversed that default. Under RSA 564-E:104, "a power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal." A principal who wants a non-durable POA must write that limitation into the document; silence means the POA is durable.
This default-durable rule matters most during a medical crisis. Because the POA survives incapacity without any special language, the agent can continue managing the principal's finances, paying bills, and handling property transactions even if the principal is hospitalized or cognitively impaired.
RSA 564-E also permits springing POAs, which take effect only upon the occurrence of a specified future event or condition (RSA 564-E:109). A springing POA is dormant until the triggering condition is satisfied. The principal may authorize a specific person to determine whether the condition has occurred, or may rely on a written determination of incapacity by one or more licensed physicians.
Under RSA 564-E:110, a power of attorney terminates when: the principal dies; the principal becomes incapacitated and the POA is non-durable; the principal revokes the POA; the document itself provides for termination; the purpose of the POA is accomplished; or the named agent dies, becomes incapacitated, or resigns and no successor agent is named.
How to Create a Valid New Hampshire Power of Attorney
Signing and Notarization
Execution requirements under RSA 564-E:105 vary by type of POA.
For a general financial POA, the document must be signed by the principal (or by another person at the principal's direction in the principal's presence) and acknowledged before a notary public or other authorized officer. The statute also requires inclusion of a mandatory disclosure statement, which advises the principal of the broad scope of authority being granted, the document's continuance through incapacity, the right to revoke, and the recommendation to seek legal advice. A signature acknowledged before a notary or justice of the peace is presumed genuine under .
For a real estate POA specifically, the document must be signed by the principal and acknowledged before a notary public to be recorded.
For other, more limited POAs, only the principal's signature is required.
Agent Acknowledgment
Under RSA 564-E:113, an agent acting under a general POA must sign a written acknowledgment, substantially in the form set out in the statute, before exercising authority. That acknowledgment confirms the agent's understanding of the fiduciary duties imposed, the prohibition on self-dealing, and that the agent's authority ends at the principal's death. The agent does not need to sign at the time the POA document is executed; the acknowledgment can be signed later but must precede the agent's first exercise of authority.
Capacity and Form
The principal must be a competent adult at the time of signing. New Hampshire provides an optional statutory form power of attorney in RSA 564-E:301, which includes checkboxes for each category of authority. Principals may use this form, adapt it, or use a custom-drafted document, as long as execution requirements are met.
What a New Hampshire Agent Can and Cannot Do
General Financial Powers
An agent's authority is limited to what the document grants. A broadly drafted POA can authorize the agent to:
- Manage and transact with bank and financial accounts (RSA 564-E:208)
- Buy, sell, lease, mortgage, and otherwise manage real property (RSA 564-E:204)
- Handle stocks, bonds, and investment accounts (RSA 564-E:206)
- Operate or sell a business (RSA 564-E:209)
- Pay taxes and file tax returns for up to 25 following years (RSA 564-E:216)
- Apply for and manage government benefits and retirement plan distributions (RSA 564-E:214, 564-E:215)
- Maintain the principal's personal and family living arrangements and support obligations (RSA 564-E:213)
Hot Powers Requiring Express Grant
RSA 564-E:201 lists actions that are so consequential that an agent cannot take them unless the document specifically and expressly grants that authority. These "hot powers" include:
- Creating, amending, revoking, or terminating an inter vivos (living) trust
- Making gifts of the principal's property (with restrictions to prevent the principal from being left without adequate resources)
- Creating or changing rights of survivorship in property
- Changing beneficiary designations on insurance policies, retirement accounts, or other instruments
- Delegating the agent's own authority to another person
- Waiving the principal's rights in a joint and survivor annuity
- Exercising delegable fiduciary powers the principal holds over another's property
- Exercising authority over the principal's electronic communications and digital assets (per RSA 554-A:9)
These powers are not implied by a general grant of authority. A principal who wants the agent to have any of these abilities must grant each one in the document by name.
What an Agent Cannot Do
Even under a broad New Hampshire POA, an agent cannot:
- Make or change the principal's will (testamentary acts require personal action by the testator)
- Make healthcare or medical decisions (those require a separate advance directive under RSA 137-J)
- Act after the principal's death (authority ends at death; the estate passes to an executor)
- Vote on the principal's behalf
- Exercise any hot power not expressly granted
- Use the principal's property for the agent's own benefit unless the document expressly authorizes it
Agent Duties
Under RSA 564-E:114, an agent must: act in accordance with the principal's reasonable expectations or, if unknown, the principal's best interest; act in good faith; act only within the scope of authority granted; act loyally and avoid conflicts of interest; exercise reasonable care and diligence; keep records of all receipts, disbursements, and transactions; and cooperate with the principal's healthcare decision-maker. Upon written request, the agent must provide an accounting within 60 days (7 days for healthcare-related matters).
Durable Power of Attorney for Health Care in New Hampshire
New Hampshire addresses healthcare decision-making through a completely separate statute: RSA 137-J, titled "Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions." A financial POA under RSA 564-E expressly does not apply to healthcare decisions (RSA 564-E:103(2)). These are distinct documents with distinct legal frameworks.
What RSA 137-J Covers
An advance directive under RSA 137-J can include both a durable power of attorney for health care (designating an agent to make medical decisions) and a living will (stating the principal's own wishes about life-sustaining treatment when permanently unconscious or in an advanced life-limiting condition). The two can be combined in a single document or kept separate.
When the principal lacks capacity, the designated healthcare agent has authority to make any and all healthcare decisions the principal could make, including decisions about life-sustaining treatment, access to medical records, and consent to medical procedures (RSA 137-J:5).
The agent must make decisions in accordance with the principal's known wishes and religious or moral beliefs; if those are unknown, the agent acts in the principal's best interest (RSA 137-J:6).
Execution Requirements
Under RSA 137-J:14, the advance directive must be signed by the principal (or by another person at the principal's direction in the principal's physical presence) in the presence of either:
- Two witnesses who affirm that the principal appeared to be of sound mind and free from duress. Neither witness may be the named agent, the principal's spouse, an heir, a beneficiary under the principal's will or trust, or the attending medical practitioner or anyone working directly under that practitioner. No more than one witness may be employed by a healthcare or residential care provider.
- Or a notary public or justice of the peace, acknowledging the principal's signature.
The principal must also receive and review a disclosure statement (RSA 137-J:19) before executing the directive.
Limitations on the Healthcare Agent
Under RSA 137-J:5, even with full authority, the healthcare agent cannot consent to: voluntary admission of the principal to a state institution; voluntary sterilization; withholding life-sustaining treatment if the principal is pregnant and such treatment would maintain the pregnancy (with certain exceptions); or psychosurgery or electroconvulsive shock therapy.
The healthcare agent cannot be the principal's attending practitioner or a non-relative employee of the principal's healthcare or residential care provider (RSA 137-J:8).
When the Directive Takes Effect
The healthcare agent's authority activates only after the attending practitioner certifies in the medical record that the principal lacks capacity to make or communicate healthcare decisions. If the principal later regains capacity, the agent's authority pauses (RSA 137-J:5).
Revoking or Ending a New Hampshire Power of Attorney
Revoking a Financial POA
A principal may revoke a financial POA at any time while they retain legal capacity. There is no prescribed form for revocation, but written notice delivered to the agent is the recommended approach. Best practice also includes notifying any financial institutions or other third parties who have relied on the document. If the POA was recorded at the registry of deeds for a real estate transaction, recording a written revocation gives constructive notice.
Under RSA 564-E:110, revocation of an agent's authority is not effective against an agent or third party who acts in good faith without actual knowledge of the revocation. This means prompt written notice to all relevant parties is essential to cut off the agent's ability to bind the principal.
If a petition for divorce, annulment, legal separation, or nullity is filed with respect to the agent's marriage to the principal, the agent-spouse's authority under the POA is terminated unless the document states otherwise ((b)(3)).
Revoking a Healthcare Advance Directive
Under RSA 137-J:15, an advance directive may be revoked at any time by: a signed and dated written statement; an oral statement before two qualified witnesses; or a physical act such as burning, tearing, or obliterating the document with intent to revoke. A subsequent advance directive also revokes the earlier one. Revocation is effective when communicated to the attending practitioner, who must record it immediately in the medical record. Filing an action for divorce, legal separation, annulment, or a protective order (where both the agent and principal are parties) also revokes the designation of a spouse as healthcare agent ().
Automatic Termination
Any New Hampshire power of attorney, durable or not, terminates automatically at the principal's death. No POA survives death. At that point, authority passes to the executor or personal representative of the estate. A durable POA survives incapacity but not death.
Disclaimer: This page provides general legal information about New Hampshire power of attorney laws and is not legal advice. Laws change, and individual circumstances vary. Consult a licensed New Hampshire attorney for advice specific to your situation.
Statutes cited reflect their in-force version as of May 31, 2026.
More New Hampshire Laws
Frequently Asked Questions
Is a New Hampshire power of attorney durable by default?
Yes. Under RSA 564-E:104, a power of attorney created under New Hampshire's Uniform Power of Attorney Act is durable by default, meaning it continues to be effective even if the principal later becomes incapacitated. To create a non-durable POA, the document must expressly state that it terminates upon the principal's incapacity.
Does a New Hampshire power of attorney need to be notarized?
For a general financial POA under RSA 564-E:105, the document must be signed and acknowledged before a notary public or other authorized officer. Notarization is also required for a real estate POA to be recorded. For other limited POAs, only the principal's signature is required. The healthcare advance directive under RSA 137-J requires either two qualified witnesses or a notary public or justice of the peace.
What are the hot powers under New Hampshire law?
RSA 564-E:201 lists eight categories of action an agent cannot take unless the POA expressly grants that specific authority: (1) creating, amending, or revoking a living trust; (2) making gifts; (3) creating or changing survivorship rights; (4) changing beneficiary designations; (5) delegating the agent's authority; (6) waiving joint and survivor annuity rights; (7) exercising delegable fiduciary powers; and (8) controlling digital assets. A general grant of authority is not enough for these actions.
Can the same document serve as both a financial POA and a healthcare POA in New Hampshire?
No. RSA 564-E:103 expressly excludes healthcare decisions from the financial POA framework. Healthcare authority requires a separate advance directive under RSA 137-J. The execution requirements also differ: a financial POA requires notarization, while a healthcare advance directive requires either two qualified witnesses or a notary or justice of the peace.
Does New Hampshire have a statutory power of attorney form?
Yes. RSA 564-E:301 provides an optional statutory form with checkboxes for each category of financial authority. Principals may use the statutory form, adapt it, or have a custom document drafted by an attorney, as long as the document meets the execution requirements of RSA 564-E:105.
What happens if a bank refuses to accept my New Hampshire power of attorney?
Under RSA 564-E:120, a person who receives an acknowledged POA must either accept it or request a certification, translation, or legal opinion within 7 business days, and must accept the POA within 5 business days of receiving any requested items. Unreasonable refusal can result in a court order requiring acceptance and liability for the principal's reasonable attorney fees and costs. There are limited exceptions, including if the institution would not transact with the principal directly, if acceptance would violate federal law, or if the institution has a good-faith belief the POA is invalid.
How do I revoke a New Hampshire power of attorney?
A principal can revoke a financial POA at any time while legally competent by delivering written notice of revocation to the agent. To protect against good-faith reliance, written notice should also be sent to all financial institutions and third parties who hold a copy of the POA. Under RSA 564-E:110, revocation is not effective against a party who acts without actual knowledge of it. A healthcare advance directive under RSA 137-J can be revoked orally, in writing, or by physically destroying the document, and takes effect once communicated to the attending practitioner.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Hampshire Revised Statutes Annotated, TITLE X PUBLIC HEALTH, CHAPTER 137-J WRITTEN DIRECTIVES FOR MEDICAL DECISION MAKING FOR ADULTS WITHOUT CAPACITY TO MAKE HEALTH CARE DECISIONS
§ 137-J:14Execution and Witnesses.In force
I. The advance directive shall be signed by the principal in the presence of either of the following: (a) Two or more subscribing witnesses, neither of whom shall, at the time of execution, be the agent or surrogate, the principal's spouse or heir at law, or a person entitled to any part of the estate of the principal upon death of the principal under a will, trust, or other testamentary instrument or deed in existence or by operation of law, or attending practitioner, or person acting under the direction or control of the attending practitioner. No more than one such witness may be the principal's health or residential care provider or such provider's employee. The witnesses shall affirm that the principal appeared to be of sound mind and free from duress at the time the advance directive was signed and that the principal affirmed awareness of the nature of the document and signed it freely and voluntarily; or (b) A notary public or justice of the peace, who shall acknowledge the principal's signature pursuant to the provisions of RSA 456-B. II.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 137-J:15Revocation.In force
I. An advance directive consistent with the provisions of this chapter shall be revoked: (a) By written revocation delivered to the agent or surrogate or to a health care provider or residential care provider expressing the principal's intent to revoke, signed and dated by the principal; by oral revocation in the presence of 2 or more witnesses, none of whom shall be a person disqualified from acting as a witness under RSA 137-J:14, I(a); or by any other act evidencing a specific intent to revoke the power, such as by burning, tearing, or obliterating the same or causing the same to be done by some other person at the principal's direction and in the principal's physical presence; (b) By execution by the principal of a subsequent advance directive; or (c) By the filing of an action for divorce, legal separation, annulment or protective order, where both the agent and/or the surrogate, and the principal are parties to such action, except when there is an alternate agent designated, in which case the designation of the primary agent shall be revoked and the alternate designation shall become effective.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
New Hampshire Revised Statutes Annotated, TITLE LVI PROBATE COURTS AND DECEDENTS' ESTATES, CHAPTER 564-E UNIFORM POWER OF ATTORNEY ACT
§ 564-E:104Power of Attorney is Durable.In force
A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 564-E:105Execution of Power of Attorney.In force
(a) With regard to a general power of attorney: (1) The power of attorney must be signed (other than by electronic signature) by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney and must be acknowledged before a notary public or other individual authorized by law to take acknowledgments. (2) A disclosure statement in substantially the following form, signed (other than by electronic signature) by the principal or by another individual directed by the principal to sign the principal's name, must be affixed to the power of attorney: INFORMATION CONCERNING THE POWER OF ATTORNEY THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT YOU SHOULD KNOW THESE IMPORTANT FACTS: Notice to the Principal: As the "Principal," you are using this Power of Attorney to grant power to another person (called the "Agent") to make decisions, including, but not limited to, decisions concerning your money, property, or both, and to use your money, property, or both on your behalf.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 564-E:110Termination of Power of Attorney or Agent's Authority.In force
(a) A power of attorney terminates when: (1) the principal dies; (2) the principal becomes incapacitated, if the power of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power of attorney provides that it terminates; (5) the purpose of the power of attorney is accomplished; or (6) the principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney. (b) An agent's authority terminates when: (1) the principal revokes the authority; (2) the agent dies, becomes incapacitated, or resigns; (3) a petition for divorce, annulment, separation or a decree of nullity is filed with respect to the agent's marriage to the principal, unless the power of attorney otherwise provides; or (4) the power of attorney terminates. (c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b), notwithstanding a lapse of time since the execution of the power of attorney.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 564-E:113Agent's Authority and Agent's Acceptance or Declination.In force
(a) A person designated as agent under a general power of attorney shall have no authority to act as agent unless, at any time prior to exercising the power granted under the general power of attorney and not necessarily at the time the general power of attorney is signed by the principal, the person has signed (other than by electronic signature) and affixed to the general power of attorney an acknowledgment in substantially the following form: I, ______________________________ , have read the attached power of attorney and am the person identified as the agent for the principal. I hereby acknowledge that when I act as agent, I am given power under the power of attorney to make decisions about money, property, or both belonging to the principal, and to spend the principal's money, property, or both on the principal's behalf, in accordance with the terms of the power of attorney.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 564-E:114Agent's Duties.In force
(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (1) act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (2) act in good faith; and (3) act only within the scope of authority granted in the power of attorney. (b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall: (1) act loyally for the principal's benefit; (2) act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest; (3) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; (4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal; and (5) cooperate with a person that has authority to make health-care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Cited in 1 court opinionsMost recently applied by a court: 2021
Leading cases: Appeal of Keith R. Mader 2000 Revocable Trust & a. (Supreme Court of New Hampshire 2021)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 564-E:201Authority That Requires Specific Grant; Grant of General Authority.In force
(a) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: (1) create, amend, revoke, or terminate an inter vivos trust; (2) make a gift, except the agent may not make a gift that will leave the principal without sufficient assets or income to provide for the principal's care without relying on Medicaid, other public assistance or charity unless the power of attorney expressly grants such authority or unless the gift is approved in advance by the court upon a determination that the gift is authorized in accordance with RSA 564-E:116(g); (3) create or change rights of survivorship; (4) create or change a beneficiary designation; (5) delegate authority granted under the power of attorney; (6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; (7) exercise a fiduciary power that the principal has authority to delegate to the…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
§ 564-E:301Statutory Form Power of Attorney.In force
A document substantially in the following form may be used to create a power of attorney that is in compliance with the provisions of this chapter. It is not required that a document be substantially in the following form in order to create a power of attorney that is in compliance with the provisions of this chapter: NEW HAMPSHIRE STATUTORY POWER OF ATTORNEY INFORMATION CONCERNING THE POWER OF ATTORNEY THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT YOU SHOULD KNOW THESE IMPORTANT FACTS: Notice to the Principal: As the "Principal," you are using this Power of Attorney to grant power to another person (called the "Agent") to make decisions, including, but not limited to, decisions concerning your money, property, or both, and to use your money, property, or both on your behalf. If this Power of Attorney does not limit the powers that you give to your Agent, your Agent will have broad and sweeping powers to sell or otherwise dispose of your property, and to spend your money without advance notice to you or approval by you.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at gc.nh.gov
Explore the law
This article also draws on these acts and chapters (opening at their first section): New Hampshire Revised Statutes Annotated, TITLE LVI PROBATE COURTS AND DECEDENTS' ESTATES, CHAPTER 564 TRUSTEES OF ESTATES § 564:1 (Bonds.)
Related law for further reading — not part of this article’s citations.
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Sources and References
- RSA 564-E: Uniform Power of Attorney Act (full chapter)(gc.nh.gov).gov
- RSA 564-E:104: Power of Attorney is Durable (durable by default)(gc.nh.gov).gov
- RSA 564-E:105: Execution of Power of Attorney (signing, notarization, disclosure)(gc.nh.gov).gov
- RSA 564-E:113: Agent Authority and Acceptance or Declination (agent acknowledgment form)(gc.nh.gov).gov
- RSA 564-E:114: Agent Duties (fiduciary obligations, recordkeeping, accounting)(gc.nh.gov).gov
- RSA 564-E:110: Termination of Power of Attorney or Agent Authority(gc.nh.gov).gov
- RSA 564-E:201: Authority Requiring Specific Grant (hot powers list)(gc.nh.gov).gov
- RSA 564-E:301: Statutory Form Power of Attorney(gc.nh.gov).gov
- RSA 137-J: Written Directives for Medical Decision Making (advance directive, healthcare POA)(gc.nh.gov).gov
- RSA 137-J:14: Execution Requirements for Advance Directive (witnesses or notary)(gc.nh.gov).gov
- RSA 137-J:15: Revocation of Advance Directive(gc.nh.gov).gov