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New Hampshire Real Estate Power of Attorney Form

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New Hampshire Real Estate Power of Attorney Form is a legal document between the principal (real property owner) and a pre-determined attorney-in-fact. This document will provide an attorney-in-fact proof of the principal approval required to oversee any or all of the principal’s real property. The attorney-in-fact must carefully execute any of the business that will be required by the principal and do so within the parameters of the principal’s wishes. As such, the principal must be able to trust such an appointee to conduct his or her own business reliably.

It is imperative the principal make an educated decision when choosing his or her agent and when determining what this party should be able to do with principal authority. Naturally, the attorney-in-fact should be someone credible who can be counted on as well as maintain a clear line of communication with the principal. This document must be witnessed and notarized after it has been supplied with information to be considered complete. The principal will reserve the right to revoke (in writing) the powers delivered here at any time for any reason at his or her discretion.

Laws§ 506:7

How to Write

1 – Open And Review The Real Estate Authority Appointment

Some specific statements will need to be made when delegating an Attorney-in-Fact with Principal Power where Real Property is concerned. Open the required document displayed in the preview image, then review it to make sure you have the information it requests.

2 – Two Parties Must Be Identified In The Declaration Paragraph

The paragraph at the start of this document will contain some important information in the way of a declaration statement made by the Principal. Here you will need to make sure each party involved (Principal and Attorney-in-Fact(s)) is properly documented. Begin by entering the Principal’s Full Name on the first blank line. Then, on the next three available spaces, fill in the Principal’s Street Address, City, and State of Residence.

The Attorney-in-Fact will be the next party we will concern ourselves with. His or her information will need to be supplied in the second part of this paragraph beginning with the fourth blank space. Enter the Attorney-in-Fact’s Name on the first available space after the words “…hereby appoint.” Utilize the next three blank spaces to specify the Attorney-in-Fact’s Street Address, City, and State of Residence.

3 – The Real Estate Power Appointment Is Presented In Four Statements

The Attorney-in-Fact’s Principal Authorities can be divided into four basic categories. Each one will be covered in its own paragraph statement. The Principal will need to review each one. If the Principal wishes to have the behavior defined in one of these statements available and included in the Principal Powers delivered through this document, he or she should fill in the Property Information requested (Physical Location and Legal Description), mark the check box, and initial the blank line preceding it.

The first statement to be reviewed will define the “Sale of Real Estate Powers” the Attorney-in-Fact can be appointed with. If the Principal wishes the Attorney-in-Fact to engage in the behavior described, he or she should make sure the Physical Street Address of the Property the Agent may act upon is reported on the first blank space in this statement and its Legal Description is entered on the second blank line. He or she should then mark the check box and initial the blank line preceding the words “Sale of Real Estate.”

If the Attorney-in-Fact should have the ability to conduct affairs and make decisions regarding the Purchase of a Real Property, the Principal should review the second statement. This statement will require the Physical Street Address and Physical Location of the Property the Attorney-in-Fact may engage in Purchasing activities with recorded in their appropriate areas. Once this is done the Principal must mark the check box and initial the blank line to provide Principal Approval for the Attorney-in-Fact to be able to engage in the “Purchase of Real Estate” using the Name and Authority of the Principal.

The Principal may also appoint the Attorney-in-Fact with the Management Powers regarding Real Estate. If the Principal would like the Attorney-in-Fact to pursue the actions defined in the third paragraph (titled “Management of Real Estate,” then he or she should make sure the Physical Address and Legal Description of the Property the Agent may manage in his or her Name is documented on the blank spaces provided. Once this task is completed, he or she may then mark the check box and initial the blank space corresponding to the “Management of Real Estate” paragraph.

If the Principal intends the Attorney-in-Fact to conduct any affairs regarding “Refinancing,” the fourth statement will need to have the concerned Real Estate’s Physical Address and Legal Description accurately reported on the two blank spaces in the fourth paragraph. If the information has been recorded accurately, the Principal should mark the check box provided and initial the blank space.

4 – This Document’s Term Must Be Solidified

To effectively execute this paperwork the Durability of the Powers granted must be detailed. That is, when can the Attorney-in-Fact begin using Principal Powers and when will they Terminate? The section titled “Article III. Term” will enable the Principal to satisfy this necessity.

If the Principal Authority should be available to the Attorney-in-Fact from the Date of this document’s execution until a specific Date of Termination, the Principal should initial Choice A. The check box for this item will also need to be marked by the Principal. Finally, the Termination Date should be filled onto the blank lines in this statement.

The Principal can choose to have the Power delegated to the Attorney-in-Fact to be in Effect unless he or she is incapacitated, dies, or issues a written revocation by initialing Choice B and marking the check box.

If the Principal wishes this document’s Effect to remain active until he or she issues a Revocation or dies, the Principal should initial Choice C then, mark the appropriate check box.

5 – The Principal Will Deliver This Document’s Authority By Signature

The next step the Principal must take is to provide a Dated Signature. This should be done before a Notary Public and Two Witnesses. The Date of the Principal’s Signature should be entered across the three available spaces in the “In Witness Whereof” statement near the end of this document. 

After recording the Date of Signature, the Principal should sign his or her Name ont he Signature line provided then Print his or her Name directly below this.

6 – Several Areas Must Be Attended To By Additional Parties At The Principal Signing

Next, each Witness who has observed this signing will need to display his or her Name in one of the Affirmation By Witness paragraphs, then supply his or her Signature and Printed Name in the area below where that Witness’s Name appears.

This form will need to be Notarized when it is signed. To this end, a unique section for the Notary Public has been supplied for his or her use. Only the Notary Public present may tend to this final area.


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