New Hampshire Durable Power of Attorney Form

Understanding the New Hampshire Durable Power of Attorney (DPOA) form is essential for anyone looking to designate someone to make decisions on their behalf. However, several misconceptions can lead to confusion. Here’s a breakdown of nine common myths about the DPOA form in New Hampshire.

1. A Durable Power of Attorney is only for the elderly. Many people think that only seniors need a DPOA. In reality, anyone can benefit from this document, regardless of age, especially if they want to plan for unexpected situations.
2. A DPOA takes away your rights. Some believe that signing a DPOA means they lose control over their decisions. This is not true. You still retain your rights and can revoke the DPOA at any time as long as you are competent.
3. All Powers of Attorney are the same. Not all Powers of Attorney are created equal. A Durable Power of Attorney remains effective even if you become incapacitated, while a regular Power of Attorney does not.
4. It must be notarized to be valid. While notarization is recommended for a DPOA to enhance its legitimacy, it is not strictly required in New Hampshire. Witness signatures can also suffice.
5. You can only appoint one agent. Many people think they can only choose one agent. In fact, you can appoint multiple agents and specify how they should act—jointly or separately.
6. Once signed, it cannot be changed. This is a common misconception. You can modify or revoke your DPOA at any time as long as you are mentally competent to do so.
7. A DPOA is only for financial matters. While it often covers financial decisions, a DPOA can also include healthcare decisions if specified, allowing your agent to make medical choices on your behalf.
8. It’s only necessary if you have significant assets. Even if you don’t have substantial assets, a DPOA can be crucial for ensuring your wishes are followed in case of incapacity.
9. Using a generic form is sufficient. While generic forms may seem convenient, it’s wise to use a New Hampshire-specific DPOA form to ensure it complies with state laws and meets your needs.

By clarifying these misconceptions, individuals can better understand the importance of a Durable Power of Attorney and how it can serve their interests effectively.

When filling out the New Hampshire Durable Power of Attorney form, it's important to follow certain guidelines to ensure that the document is valid and meets your needs. Here’s a list of things you should and shouldn’t do:

• Do choose a trusted person as your agent. This individual will have significant authority to make decisions on your behalf.
• Do clearly outline the powers you are granting. Specify what decisions your agent can make, such as financial or healthcare decisions.
• Do sign the form in the presence of a notary public. This step adds an extra layer of validity to your document.
• Do keep a copy of the completed form in a safe place. Ensure that your agent knows where to find it.
• Don't use vague language. Be specific about the powers you are granting to avoid confusion later.
• Don't neglect to discuss your wishes with your agent. Open communication can help prevent misunderstandings.
• Don't forget to review and update the document regularly. Life circumstances change, and your Durable Power of Attorney should reflect those changes.