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Health Care Power of Attorney Requirements in New Hampshire

In New Hampshire, an advance directive naming a health care agent must be signed before two witnesses or before a notary or justice of the peace; the agent, your spouse, heirs, beneficiaries and your attending practitioner cannot witness.

Last checked . General information, not legal advice.

New Hampshire at a glance

Document name
Advance directive (durable power of attorney for health care)
Witnesses
2 witnesses or a notary
A justice of the peace can also take the place of the witnesses.
Notary required
Notary, justice of the peace or 2 witnesses
Who cannot witness
Agent, spouse, heirs, beneficiaries, attending practitioner
Also people under the attending practitioner's direction. No more than one witness may be your health or residential care provider or its employee.

Sources

Last checked

The rules in New Hampshire

What is a health care power of attorney called in New Hampshire?

Document name in New Hampshire: Advance directive (durable power of attorney for health care).

How many witnesses does a health care power of attorney need in New Hampshire?

Witnesses in New Hampshire: 2 witnesses or a notary. A justice of the peace can also take the place of the witnesses.

Does a health care power of attorney have to be notarized in New Hampshire?

Notary, justice of the peace or 2 witnesses. Notary required in New Hampshire: notary, justice of the peace or 2 witnesses.

Who cannot witness a health care power of attorney in New Hampshire?

Who cannot witness in New Hampshire: Agent, spouse, heirs, beneficiaries, attending practitioner. Also people under the attending practitioner's direction. No more than one witness may be your health or residential care provider or its employee.

Where do the New Hampshire health care power of attorney requirements come from?

The rules above come from N.H. Rev. Stat. 137-J:2 and N.H. Rev. Stat. 137-J:14. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.