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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-09-13
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#define.stb Definitions of legal terms
#help.tut Extra help
SUMMARY OF STATE LIVING WILL LEGISLATION
NEW HAMPSHIRE
Synopsis: New Hampshire has a strong living will statute. Oral
living wills are also provided for by the law when the declarant
is a subject of a terminal diagnosis, but is unable to sign the
form himself. The law requires that the living will declaration
be made a part of the patient's medical records. A physician must
honor the living will declaration, or, must make "reasonable
efforts" to transfer the patient. A living will declaration must
be made a part of the patient's medical records once known to the
physician. To prepare a New Hampshire living will using the state
suggested form, please select living will preparation from the
opening menu. Remember that the publisher recommends preparing a
"uniform" living will in addition to the form suggested by the
State of New Hampshire. Please also consider executing a living
will for any State that you spend more than a few weeks per year,
or where you are a temporary resident.
Statute number: N.H. Rev. Stat. ch 137h
Statute title: "New Hampshire Living Wills Act"
Governmental Agency to contact for more information: None
specified
A specific form of living will is suggested
Witness requirements: Number: 2 and a separate notary before whom
the declaration must be acknowledged Relationship: The witnesses
cannot be related by blood or marriage to the declarant, and must
not have any claims against the estate of the declarant, nor must
they be the attending physician or someone "under the control" of
the attending physician
Recording of the living will is not provided for.
Revocation of the living will may be made by burning, tearing or
physically destroying the living will. If a person is unable to
write they may direct another to do so. A living will may also be
canceled by a separate written document, which must be witnessed
by two witnesses, one of whom cannot be the declarant's spouse or
heir at law. An oral revocation is valid if made in the presence
of two witnesses, none of which can be the spouse/heir at law,
but must be communicated to the physician to be effective.