Free New Hampshire Power of Attorney (POA) Form

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. 

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. 

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.

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.