New Hampshire Durable Power of Attorney Form

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The New Hampshire Durable Power of Attorney Form is designed to ensure the Attorney-in-Fact retains their authority to act on behalf of the Principal, even if the Principal is declared incapacitated by a doctor. These agreements are usually Springing, as they will only be needed once the Principal has already been incapacitated, although exceptions do exist.

In New Hampshire, if the Principal and the Attorney-in-Fact are spouses, a Durable Power of Attorney agreement will not be terminated automatically if they get a divorce. Unless the Principal wishes for their former spouse to retain their powers, it is strongly recommended that they revoke the agreement and draft a new one. Even if they wish for their former spouse to continue to serve as their Attorney-in-Fact, they may wish to draft a new agreement; Agreements involving former spouses that were drafted before they divorce are at risk of being declared invalid by a Court.