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A New Hampshire living will is commonly referred to as a New Hampshire advance directive form. It is an important legal document for every adult. A New Hampshire living will has two main functions. It documents your decision-making for your medical care desires to healthcare professionals and it names a person to make decisions on your behalf. It is used for end-of-life care and honors your own health care decisions if you are in a nursing home or hospital or even in hospice care. Common medical decisions documented include surgical treatment, DNR order (cardiopulmonary resuscitation), the use of life-sustaining treatment, and specific circumstances for the performance of any medical procedure. A New Hampshire living will explains your wishes when you are unable to do it for any reason. New Hampshire law states who can and cannot be named as your health care agent. You must have two witnesses sign a New Hampshire living will or you can choose to have it notarized.
An advanced directive is used as an advance care planning tool in the State of New Hampshire. It is used to make a difficult time easier for family members. If you do not create a living will, someone else will make decisions on your behalf, including the application of life support and when it should be withdrawn. However, it does not operate in the same way as a power of attorney or durable power of attorney for health care. If you are interested in learning more about a power of attorney, seek legal advice from an attorney skilled in New Hampshire state law.
§ 137-J:1 through § 137-J:37: New Hampshire honors the right of adults to create a document that directs medical care that may be used when the individual becomes incapacitated. If a living will is not created, New Hampshire allows the person’s next of kin or loved one to make these decisions for the incapacitated individual.
A living will requires a disclosure statement, the declarant's date of birth, and must be created and followed in good faith. Additionally, there are key pieces of information that must be included such as how it is a "final expression of my right to refuse medical or surgical treatment and accept the consequences of such refusal." You can learn more about advanced directives from the Foundation for Healthy Communities.
Living wills are important, but it is also important to create a New Hampshire last will and testament.
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