Free New Hampshire Power of Attorney (POA) Form

A New Hampshire Power of Attorney allows you to grant authority to an Agent to handle your affairs and sign documents on your behalf. Find out how to get your customized form online now.

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Last Update May 18th, 2024

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Types of Power of Attorney in New Hampshire

There’s more than one type of Power of Attorney in New Hampshire and selecting the correct type can be critical. Each kind offers different types of powers to an Attorney-in-Fact (also known as an Agent). Therefore, you must create the right class of document, in order for your POA to work as intended.

The most common kinds of POA available in New Hampshire include the following examples:

  • Durable Power of Attorney: Allows your Agent to handle estate management when you reach advanced age or if you become incapacitated through injury or disability.
  • General Power of Attorney: Gives your Agent a wide mix of responsibilities over your general financial affairs. This authority expires, however, if you become incapacitated.
  • Limited Power of Attorney: Lets an Agent have authority over a few specific, often one-off, tasks for a short period of time.
  • Medical Power of Attorney: Permits your representative to make urgent medical decisions for you if you are unconscious or incapacitated.
  • Real Estate Power of Attorney: Grants an Agent authority to buy and sell property in your name, or handle other real estate management tasks.
  • Vehicle (DMV) Power of Attorney: Gives your Agent permission to represent you at the local DMV in New Hampshire or handle the buying and selling of vehicles you own.
  • Springing Power of Attorney: This is a type of POA that is activated only when certain situations arise. This might, for example, be when you become incapacitated or if an urgent issue arises where someone needs to act for you when you’re out of the country.
  • Minor (Child) Power of Attorney: Allows you to delegate your parental rights over a child to a chosen Agent. This might be necessary if you serve in the military overseas or work abroad for long periods at a time.
  • Tax Power of Attorney: Gives your Agent the authority to represent you at the New Hampshire Department of Revenue, allowing them to complete, sign and submit government financial forms on your behalf.

How to Get a Power of Attorney in New Hampshire

There are a few ways to get a Power of Attorney in New Hampshire. This gives you 3 specific options to choose from:

  1. Get it online: You can get a complete New Hampshire Power of Attorney document using our online legal form maker. This will walk you step-by-step through the information you’ll need to add and help you make a legally compliant document.
  2. Go to a lawyer: You can hire a lawyer to draw up a Power of Attorney form for you in New Hampshire. However, this is often a more costly process and will often take longer to complete.
  3. Get it from a government office: Pre-printed forms for Tax POAs can be obtained from New Hampshire government offices such as the Department of Revenue Administration.

New Hampshire Power of Attorney Requirements

To comply with NH law you’ll need to complete your Power of Attorney form and ensure that it is correctly signed. There are a number of rules that control how this should be done.

In 2015, New Hampshire adopted the Universal Power of Attorney Act (UPOAA). Section 564 of the New Hampshire legislature allows you to use your Power of Attorney in other states that have also adopted the UPOAA. Make sure the wording on your document also follows the guidelines of the act.

Firstly, the people signing the POA must all be legally able to sign a contract. This means they should be able to demonstrate that:

  • They are over 18 years old
  • They are sound of mind
  • They understand the agreement being signed

If the Agent is a financial institution, they must have trust powers and a registered place of business within New Hampshire.

The document itself must also be signed in a way that’s legally compliant with New Hampshire state statutes. Under New Hampshire legislation, this must be done in the following way:

  1. Both the Principal and the Agent must sign
  2. A notary public must also be present at the signing and must sign the document too
  3. In the case of a Medical POA, the signing can be viewed by 2 witnesses instead of a notary

Be aware, that once the POA document is completed and signed, there are still some steps you’ll need to take if you plan to manage real estate in New Hampshire. You’ll need to register the document with the local clerk of the county where the property is located after it is signed.

New Hampshire Power of Attorney Sample

Before starting your own New Hampshire Power of Attorney, it can help to look over an example document to understand how your final draft will look and what it will say. Simply view our POA sample now to get a feel for how these documents are written and appear once completed.

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New Hampshire Power of Attorney Form

FAQs About New Hampshire Power of Attorney Forms

It is important to have a good understanding of what New Hampshire Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

Where aan I get a power of attorney in New Hampshire?

It is possible to create your own New Hampshire Power of Attorney easily online with our easy contract maker. Alternatively, you can find templates for certain types of POA at your local Department of Revenue Administration office or can pay to have a legal expert draft and complete your document.

What are some uses of a New Hampshire power of attorney?

A New Hampshire Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on behalf of you to carry out important activities. Once signed, these legal forms can be used for a number of different purposes depending on their type and listed powers.

These responsibilities include:

  • Managing your financial affairs
  • Making medical decisions for you if you are incapacitated
  • Handling activities for you such as buying or selling property

Does a power of attorney in New Hampshire need to be notarized?

Yes, New Hampshire Powers of Attorney require a notary public to oversee the signing of the document by the Principal and Agent. Alternatively, 2 witnesses can be present when a Medical Power of Attorney document is signed in order to legally validate the agreement without using a notary.

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New Hampshire Power of Attorney Form

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STATUTORY FORM POWER OF ATTORNEY
IMPORTANT INFORMATION
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.

Unless you have expressly provided otherwise in this Power of Attorney, your Agent will have these powers before you become incapacitated, and unless you have expressly provided otherwise in this Power of Attorney, your Agent will continue to have these powers after you become incapacitated.

You have the right to retain this Power of Attorney and to release it later, or to request that another person retain this Power of Attorney on your behalf and release it only if one or more conditions specified in advance by you are satisfied. You have the right to revoke or take back this Power of Attorney at any time, so long as you are of sound mind.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.


__________________________________
Principal's Signature


__________________________________
Date
DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________
DURABLE POWER OF ATTORNEY
GRANT OF GENERAL AUTHORITY
(Initial beside your choice of A or B, but not both.)

________ - A. I grant my agent and any successor agent general authority to act for me in all matters, including, without limitation, all the subjects enumerated in B below.

________ - B. I grant my agent and any successor agent general authority over the following subjects as defined in the following sections of the Uniform Power of Attorney Act:

(Initial each subject you want to include in the agent's general authority.)

________ - Real property as defined in RSA 564-E:204.

________ - Tangible personal property as defined in RSA 564-E:205.

________ - Stocks and bonds as defined in RSA 564-E:206.

________ - Commodities and options as defined in RSA 564-E:207.

________ - Banks and other financial institutions as defined in RSA 564-E:208.

________ - Operation of entity or business as defined in RSA 564-E:209.

________ - Insurance and annuities as defined in RSA 564-E:210.

________ - Estates, Trusts, and Other Beneficial Interests as defined in RSA 564-E:211.

________ - Claims and Litigation as defined in RSA 564-E:212.

________ - Personal and Family Maintenance as defined in RSA 564-E:213.

________ - Benefits from governmental programs or civil or military service as defined in RSA 564-E:214.

________ - Retirement plans as defined in RSA 564-E:215.

________ - Taxes as defined in RSA 564-E:216.

________ - Digital assets, subject to the limitations of the New Hampshire Revised Uniform Fiduciary Access to Digital Assets Act.
SPECIAL INSTRUCTIONS
My Agent is entitled to reasonable compensation for services rendered as my Agent.
My Agent will be entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.
EFFECTIVE DATE
This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.
This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.
GOVERNING LAW
This Power of Attorney shall be governed by the laws of the State of New Hampshire.
RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURES

Dated ____________________, _____, at _________, New Hampshire.

  
__________________________________________________
_________Date
  


Address: _________
Telephone Number: _________
Email Address: _________

__________________________________________________
_________Date

NOTARY ACKNOWLEDGMENT

State of New Hampshire
_________ County



This document was acknowledged before me on _______________.
 (date)



by ___________________________________
     _________


___________________________________
(Seal, if any)



Signature of Notary: __________________________________

My commission expires: _______________________________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) Act in good faith;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

(3) Act with care, competence, and diligence;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) If you are married to the principal, legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act. If you violate the Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek legal advice.
NOTICE TO AGENT
You will have no authority to act as an agent under this Power of Attorney until you sign and affix this acknowledgment to the Power of Attorney.

I, _________, have read the attached power of attorney and I am the person(s) identified as the agent(s) for the principal. I hereby acknowledge that when I act as an 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. When acting as an agent, I have duties (called "fiduciary duties") to act in the principal's best interest, to act in good faith, and to act only within the scope of authority granted in the power of attorney, as well as other duties imposed by law to the extent not provided otherwise in the power of attorney. As an agent, I am not entitled to use the money or property for my own benefit or to make gifts to myself or others unless the power of attorney specifically gives me the authority to do so. As an agent, my authority under the power of attorney will end when the principal dies, and I will not have the authority to manage or dispose of any property or administer the estate of the principal. If I violate a fiduciary duty under the power of attorney, I may be liable for damages and may be subject to criminal prosecution. If there is anything about this power of attorney, or my duties under it, that I do not understand, I understand that I should seek professional advice.


  
__________________________________________________
_________'s SignatureDate
  


___________________________________
Agent's Name Printed
___________________________________
Agent's Address
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