Signing Requirements
The principal and agent are required to sign in the presence of a notary public.[1]
Powers Granted
A principal may grant the agent power to do any legal act that the principal may do through an agent. This can include power over things like real property, personal property, stocks and bonds, banks, operation of a business, insurance and annuities, benefits from civil or military service, retirement plans, taxes, and gifts.[2]
However, the principal must specifically mention any of the following for the power to be legally granted to the agent:[3]
- create, amend, revoke, or terminate an inter vivos trust;
- make a gift;
- create or change rights of survivorship;
- create or change a beneficiary designation;
- delegate authority granted under the power of attorney;
- waive the principal’s right to be a beneficiary of a joint and survivor annuity;
- exercise a fiduciary power that the principal has authority to delegate to the extent that the principal specifically and expressly delegates such power to the agent; or
- exercise authority over the content of electronic communications sent or received by the principal.
“Durable” Definition
“Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.[4]
“Power of Attorney” Definition
Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.[5]
Revocation
A power of attorney terminates when:[6]
- The principal dies;
- The principal revokes the power of attorney;
- The principal revokes the agent’s authority or the agent resigns, becomes incapacitated, or dies;
- The power of attorney provides that it terminates; or
- The purpose of the power of attorney is accomplished.
An agent’s authority terminates when:
- The agent resigns, becomes incapacitated, or dies;
- The principal revokes the authority;
- The principal and agent divorce or legally separate; or
- The power of attorney terminates.
Statutory Form
Yes, the State of New Hampshire has a statutory form.[7]