The Law Offices of Manning & Smith, PLLC

< Back to General Law

NEW HAMPSHIRE

Advanced Medical Directives

What is an Advance Medical Directive?

An advance directive is a legal document, written in advance of an incapacitating illness, that allows patients to state their preferences about medical care. The State of New Hampshire recognizes two forms of advance directives - a living will and a durable power of attorney for health care.

What is a Living Will?

A living will instructs your physician to administer non life-sustaining procedures, should you be in a terminal condition or permanently unconscious. If you do not want artificial nutrition or hydration, New Hampshire law requires that you say so in your document.

What is a durable power of attorney for health care?

A durable power of attorney for health care is a document in which you name another person to act as your agent to make your medical decisions, should you become incapacitated. You can include instructions about which treatments you do or do not want. If you do not want artificial nutrition or hydration, New Hampshire law requires that you say so in your document.

What is artificial nutrition and hydration?

Artificial nutrition and hydration means invasive procedures such as tubes and intravenous feeding. It does not include the natural process of eating foods and drinking fluids.

Do I need both a living will and a durable power of attorney for health care?

It is a good idea to have both documents because they serve two different purposes. A living will takes effect only when there is no hope for recovery. A durable power of attorney takes effect whenever you become unable to make decisions, for instance during surgery or even when you become temporarily unconscious. Under New Hampshire law, if the terms of your living will and durable power of attorney conflict, the durable power of attorney controls.

I already have a living will. Do I need a new one?

New Hampshire's living will law was revised in 1991. If you have a living will that was executed prior to June 1991, your document is valid, but it will be different than the one now available at the hospital. For instance, your existing living will does not take effect if you become permanently unconscious, nor will it allow for withholding or withdrawal of artificial nutrition or hydration. If you want to take advantage of the provisions of the revised law, you should execute a new living will.

Will my advanced directives need to be renewed?

Advanced directives do not need to be renewed. However, if you want to change something in either your living will or your durable power of attorney, you must complete a new document. It's a good idea to review all such documents periodically.

Can I revoke my advanced directive?

You can revoke your advanced directive orally or in writing at any time. A divorce action will revoke your durable power of attorney for health care if your spouse is your agent and you have not named an alternate in your document.

What if my advance directive was executed in another state?

Your out-of-state advance directive is valid in New Hampshire as long as it was legally executed in the other state. However, it will be interpreted in accordance with New Hampshire law.

***

In addition to your physician and hospital, you should provide copies of your advance directives to immediate family members, and to your durable power of attorney for health care.

Each of these documents is very important to you and your family if you ever become mentally incapacitated. Why leave your loved one guessing what you would have wanted done? Assist them in difficult times with very difficult decisions. You do not want your family ending up in court battling over what is the best course of action for you.

We will be glad to draw up these documents for you in conjunction with your Will.

For more information regarding your Will, please see the NH Wills page.

Your initial consultation is always free.

General Inquiries: email us at ContactUs@ManningSmithLaw.com