"Someone’s sitting in the shade today because someone planted a tree a long time ago."
Empower someone of your choosing to make medical decisions for you if you’re ever unable to make your own. If you choose to, you can also communicate your wishes about whether you’d want to stay on life support, be an organ donor, or receive experimental treatments. If you don’t choose someone then your doctor may choose one of your next of kin.
Your Advance Directive goes into effect if two medical professionals determine that you’re incapacitated in accordance with New Hampshire law. Your Agent will not have any authority unless and until you become incapacitated, and if you regain capacity then your Agent will no longer be able to make your medical decisions.
Durable Power of Attorney
Empower an Agent of your choosing to help you manage your finances either immediately or if you’re ever unable to manage them yourself. You can choose exactly how much or how little authority you’d like your Agent to have. If you don’t choose someone then the probate court may choose someone for you.
“Durable” means that your Agent will have whatever authority you give them for an indefinite period of time and will still have the authority you give them even if you become incapacitated.
Provides guidance to the Court about who you want to make your medical and/or financial decisions if you can’t make your own. Your Guardian Nomination will only be used if the Court finds that you need a Guardian. You may need a Guardian if there’s something wrong with your Advance Directive and/or Durable Power of Attorney, or if you didn’t give your Agent enough authority in one of these documents, or if it’s in your best interest to take away your ability to make your own decisions.
A completely optional document that allows you to specify who has authority to make arrangements for your funeral, burial, and/or interment. If you have prepaid for arrangements during your lifetime, then this person would make sure that those arrangements are carried out.
Frequently Asked Questions
Is an Advance Directive the same thing as a Living Will? Is it the same as a Healthcare Power of Attorney?
Is a Durable Power of Attorney the same as a Financial Power of Attorney?
Yes, a Durable Power of Attorney is the same thing as a Financial Power of Attorney. While the document is officially called a Durable Power of Attorney by New Hampshire law, sometimes you’ll hear people refer to it as a Healthcare Power of Attorney.