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NH.SUM
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1993-01-06
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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.