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New Hampshire Springing Power of Attorney

A New Hampshire springing power of attorney is a legal instrument used by an individual (the principal) to authorize another person (an agent) to manage specified aspects of the principal's affairs on his or her behalf. This type of POA becomes effective at a specified time or upon a specified future event like the principal's incapacity.
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Updated August 21, 2024

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Permitted in New Hampshire?

Yes, a power of attorney may become effective at a later date or upon the incapacity of the principal.[1]

Signing Requirements

Must be signed by the principal or by another individual at the direction of the principal before a notary public.[2]

“Incapacity” Definition

“Incapacity” means inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]