New Hampshire Power of Attorney Form & Requirements
New Hampshire adopted the Uniform Power of Attorney Act as RSA chapter 564-E, effective January 1, 2018. This page covers execution of a general durable power of attorney in New Hampshire.
New Hampshire requirements
- A general power of attorney must be signed by the principal, or by another individual in the principal's conscious presence at the principal's direction, and the signature cannot be an electronic signature (RSA 564-E:105).
- The signature must be acknowledged before a notary public or another officer authorized to take acknowledgments, so notarization is required for a New Hampshire general power of attorney.
- A disclosure statement in the statutory form, beginning INFORMATION CONCERNING THE POWER OF ATTORNEY, must be signed by the principal and affixed to the document (RSA 564-E:105).
- Witnesses are not required for a financial power of attorney under RSA 564-E.
- Durability is the default: the document survives the principal's incapacity unless it expressly provides that incapacity terminates it (RSA 564-E:104).
- For real estate transactions, confirm recording requirements with the register of deeds in the county where the property is located.
Frequently asked questions
Does a New Hampshire power of attorney need to be notarized?
Yes. RSA 564-E:105 requires the principal's signature on a general power of attorney to be acknowledged before a notary public or other authorized officer.
What is the disclosure statement required in New Hampshire?
RSA 564-E:105 requires a signed notice titled INFORMATION CONCERNING THE POWER OF ATTORNEY to be attached to a general power of attorney. It explains the powers being granted to the agent and the principal's rights, and the principal signs it along with the power of attorney itself.
Official sources
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