Advance Directives FAQs (Frequently Asked Questions) >>

What is an advance directive?

An advance directive is a legal document, written in advance of an incapacitating illness, that allows patients to state their preferences about medical care. The state of New Hampshire recognizes two forms of advance directives - a living will and a durable power of attorney for health care. An Advance Care Planning Guide from the New Hampshire Hospital Association, including a card to carry in your wallet, can be printed from your computer.

What is a living will?

A living will instructs your physician to administer no life-sustaining procedures should you be in a terminal condition or permanently unconscious. If you do not want artificial nutrition or hydration, New Hampshire law requires that you say so in your document.

What is a durable power of attorney for health care?

A durable power of attorney for health care is a document in which you name another person to act as your agent to make your medical decisions should you become incapacitated. You can include instructions about which treatments you do or do not want. If you do not want artificial nutrition or hydration, New Hampshire law requires that you say so in your document.

What is artificial nutrition and hydration?

Artificial nutrition and hydration means invasive procedures such as tubes and intravenous feeding. It does not include the natural process of eating foods and drinking fluids.

Do I need both a living will and a durable power of attorney for health care?

It is a good idea to have both documents because they serve two different purposes. A living will takes effect only when there is no hope for recovery. A durable power of attorney takes effect whenever you become unable to make decisions - for instance during surgery or even when you become temporarily unconscious. Under New Hampshire law, if the terms of your living will and durable power of attorney conflict, the durable power of attorney controls.

I already have a living will. Do I need a new one?

New Hampshire's living will law was revised in 1991. If you have a living will that was executed prior to June, 1991, your document is valid, but it will be different than the one linked here. For instance, your existing living will does not take effect if you become permanently unconscious, nor will it allow for withholding or withdrawal of artificial nutrition or hydration. If you want to take advantage of the provisions of the revised law, you should execute a new living will.

Will my advance directives need to be renewed?

Advance directives do not need to be renewed. However, if you want to change something in either your living will or your durable power of attorney, you must complete a new document. It's a good idea to review all such documents periodically.

Can I revoke my advance directive?

You can revoke your advance directive orally or in writing at any time. A divorce action will revoke your durable power of attorney for health care if your spouse is your agent and you have not named an alternate in your document.

What if my advance directive was executed in another state?

Your out-of-state advance directive is valid in New Hampshire as long as it was legally executed in the other state. However, it will be interpreted in accordance with New Hampshire law.

How will my doctor and hospital know I have an advance directive?

You should tell your doctor and your hospital that you have an advance directive and provide copies for your permanent medical record. Any time you are admitted to a hospital, you will be asked if you have an advance directive. Your answer will be noted in your medical record. If you know that you will be admitted to a hospital, you should bring copies of your documents with you.

Who else should know that I have an advance directive?

In addition to your physician and hospital, you should provide copies of your advance directives to immediate family members, your agent (if you have a durable power of attorney for health care) and your lawyer.

Do I need a lawyer in order to create an advance directive?

You do not need a lawyer to create an advance directive. You can simply use the forms available at www.healthynh.com, which are printed according to New Hampshire laws. However, if you have questions, you should consult a lawyer.

Who can witness the signing of my advance directives?

In order to be valid, your advance directive document can be signed either in the presence of two witnesses or a notary. Your health care agent named in your DPOAH, spouse, heir, attending doctor or advanced registered nurse practitioner, or person supervised by your doctor may not serve as a witness. Only one of the two witnesses may be your health or residential care provider or one of your provider’s employees.

Am I required to have an advance directive?

No hospital, nursing home, physician or insurance company can require you to have an advance directive in order to provide you with services.

What if I don't want an advance directive?

You are not required to have an advance directive if you don't want one. But it is a good idea in order to ensure that your wishes are followed regarding medical care. It also spares your family from making difficult decisions or bringing about large expenses and time delays if a legal guardianship or conservatorship is needed. If you become incapacitated and you have no advance directive, your family and physician will attempt to decide your treatment. If there is disagreement, your health care decisions may have to be made in a court of law.

Why would I want to allow my health care agent to make decisions over my objection?

What if I have more questions?

You should discuss any questions about advance directives with your family and physician. SNHMC's Patient and Family Services staff may be able to assist you: call 577-2587. We cannot provide you with legal advice. If you have legal questions, you should consult an attorney.

Information courtesy of the New Hampshire Hospital Association.