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Power of Attorney in New Hampshire: Notary, Disclosure Statement and How to Get One
A New Hampshire general power of attorney needs a notary, a signed disclosure statement and the agent's signed acknowledgment. Here is what the Uniform Power of Attorney Act, RSA 564-E, requires.
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What to know
- A New Hampshire general power of attorney must be signed by your parent, not electronically, and acknowledged before a notary or other official who takes acknowledgments (RSA 564-E:105).
- A signed disclosure statement, "INFORMATION CONCERNING THE POWER OF ATTORNEY," must be attached, and the execution section we read sets no witness requirement.
- The agent has no authority to act until they sign and attach an acknowledgment of their duties (RSA 564-E:113).
- It's durable by default, effective immediately unless it says otherwise, and a bank presented with a notarized one must accept it, or ask for more information, within 7 business days.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
To make a general power of attorney in New Hampshire, your parent signs it before a notary, signs an attached disclosure statement, and the agent signs an acknowledgment before acting (RSA 564-E:105 and 564-E:113). The statute says it "must be signed (other than by electronic signature) by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney and must be acknowledged before a notary public or other individual authorized by law to take acknowledgments." New Hampshire's version of the Uniform Power of Attorney Act took effect January 1, 2018, and it adds two required steps beyond the notary: a signed disclosure statement and an agent's acknowledgment.
What is a durable power of attorney in New Hampshire?
It's a power of attorney that stays in force if your parent loses capacity, and in New Hampshire that's the default. The act defines a power of attorney as "a writing or other record that grants authority to an agent to act in the place of the principal," and your parent is the principal. Under RSA 564-E:104, a power of attorney "is durable unless it expressly provides that it is terminated by the incapacity of the principal."
The act doesn't apply to "a power to make health-care decisions." New Hampshire handles those through a separate durable power of attorney for health care; see our New Hampshire advance directive guide. For why families set one up early, see our guide to power of attorney for an elderly parent.
What does New Hampshire require for a power of attorney to be valid?
A general power of attorney needs four things: your parent's signature (not electronic), a notary's acknowledgment, a signed disclosure statement and the agent's signed acknowledgment.
| Requirement | What RSA 564-E says |
|---|---|
| Signature | Signed by your parent, or by someone in their conscious presence at their direction; an electronic signature doesn't count for a general power of attorney |
| Notary | Acknowledged before a notary public or other individual authorized to take acknowledgments |
| Disclosure statement | A statutory statement, signed by your parent, attached to the power of attorney |
| Agent's acknowledgment | Signed by the agent and attached before the agent can act |
These rules apply to a general power of attorney, meaning one that isn't limited to a specific transaction, purpose or asset, or one that grants any of the powers that need an express grant. A power of attorney to convey real estate must also be signed and notarized. Any other power of attorney needs only your parent's signature. The execution section we read doesn't require witnesses. Under RSA 455-A:3, a justice of the peace can also "acknowledge instruments."
What does the disclosure statement say?
It warns your parent that an agent can get broad power over their money and property, and that they can revoke the document while of sound mind. It's titled "INFORMATION CONCERNING THE POWER OF ATTORNEY" and opens: "THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT YOU SHOULD KNOW THESE IMPORTANT FACTS." It's worth reading with your parent before anyone signs. Among other things, it tells them:
- "If this Power of Attorney does not limit the powers that you give to your Agent, your Agent will have broad and sweeping powers to sell or otherwise dispose of your property, and to spend your money without advance notice to you or approval by you."
- "You have the right to revoke or take back this Power of Attorney at any time, so long as you are of sound mind."
- "If there is anything about this Power of Attorney that you do not understand, you should seek professional advice."
What does the agent have to sign?
Under RSA 564-E:113, an agent under a general power of attorney "shall have no authority to act as agent" until they've signed and attached an acknowledgment. They can sign it any time before first acting; it doesn't have to be the day your parent signs.
The acknowledgment spells out the agent's duties. It includes: "As an agent, I am not entitled to use the money or property for my own benefit or to make gifts to myself or others unless the power of attorney specifically gives me the authority to do so." It also warns that "If I violate a fiduciary duty under the power of attorney, I may be liable for damages and may be subject to criminal prosecution."
Is there an official New Hampshire power of attorney form?
Yes, an optional one. RSA 564-E:301 prints the "NEW HAMPSHIRE STATUTORY POWER OF ATTORNEY," and says a document "substantially in the following form may be used," but that using it isn't required. The form includes the disclosure statement, a notary block and the agent acknowledgment.
Your parent initials either a grant of authority over all matters or each subject they want to include, such as real property, banks, retirement plans and taxes. Some powers need their own initials. Under RSA 564-E:201, an agent can create or change a trust, make a gift, create or change rights of survivorship or a beneficiary designation, or delegate authority "only if the power of attorney expressly grants the agent the authority."
New Hampshire adds a limit on gifts: even with gift authority, an agent can't make a gift that leaves your parent "without sufficient assets or income to provide for the principal's care without relying on Medicaid, other public assistance or charity," unless the power of attorney expressly allows it or a court approves it in advance.
When does it take effect, and when does it end?
It's "effective when executed" unless it says it starts at a future date or event (RSA 564-E:109). The statutory form says it "is effective immediately unless I have stated otherwise in the Special Instructions." If it starts on incapacity and no one is named to decide, a physician's written determination can trigger it, or for someone missing or detained, a judge or government official's.
Under RSA 564-E:110, it ends when your parent dies, revokes it, when it says it ends or its purpose is accomplished, or when the agent can no longer serve and no other agent is named. An agent's authority also ends, unless the document says otherwise, when "a petition for divorce, annulment, separation or a decree of nullity is filed" regarding the agent's marriage to your parent. That's the filing, not the final decree.
If a court later appoints a conservator or guardian of the estate, the power of attorney continues unless the court limits, suspends or ends it, the agent is accountable to that fiduciary too, and the fiduciary has the same power as your parent to revoke it. If your parent names coagents, they must act jointly unless the document says otherwise.
What does the agent have to do?
Under RSA 564-E:114, whatever the document says, an agent must follow your parent's known reasonable expectations, otherwise act in their best interest, "act in good faith," and "act only within the scope of authority granted in the power of attorney." Unless the document says otherwise, the agent must also act loyally, avoid conflicts, act with care and diligence, and "keep a record of all receipts, disbursements, and transactions made on behalf of the principal."
If your parent, a family member or another person listed in the statute makes a written request for an accounting, the agent has 60 days to comply, shortened to 7 days if the request concerns a health care decision. Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a New Hampshire power of attorney?
Yes: a bank must accept a notarized one, or ask for more information, within 7 business days, unless a reason to refuse listed in the statute applies. Under RSA 564-E:120, a person "shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel" no later than 7 business days after it's presented, then accept within 5 business days of receiving what they asked for. They "may not require an additional or different form of power of attorney for authority granted in the power of attorney presented."
The statute lists reasons a bank can still refuse, such as a good-faith belief the power isn't valid, or a report to adult protective services or law enforcement about suspected abuse or exploitation. A wrongful refusal can bring a court order to accept it and liability for reasonable attorney's fees and costs. Other laws that apply to financial institutions control if they conflict with the act.
Does a New Hampshire power of attorney need to be recorded?
Not under the sections we read: recording is optional, but one used to sell or mortgage property has to be notarized. Under RSA 477:9, "Every power of attorney to convey real estate must be signed and acknowledged, and may be recorded as required for a deed."
How do you get a power of attorney for an elderly parent in New Hampshire?
Your parent makes it while they can still sign, before a notary, with the signed disclosure statement attached; the agent then signs an acknowledgment. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document: the statutory form in RSA 564-E:301, or one drafted for your parent's situation that includes the disclosure statement.
- Go through the subjects with your parent; they initial only what they want to grant, including any gift or beneficiary powers.
- Your parent signs the disclosure statement and the power of attorney, not electronically, and acknowledges it before a notary or justice of the peace.
- The agent signs the acknowledgment and attaches it.
- Give the agent a copy and keep the original somewhere safe.
Timing is the constraint: your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. Because of the formal steps, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in New Hampshire?
Your parent can revoke it while of sound mind; the disclosure statement says they can do so "at any time, so long as you are of sound mind." RSA 564-E recognizes revocation but, in the sections we read, doesn't prescribe a method. People who act in good faith without "actual knowledge" of the termination are protected, so a written, dated revocation sent to the agent and every bank holding a copy leaves a clear record.
Signing a new power of attorney doesn't cancel an older one unless the new one says so. The statutory form has an optional line, initialed by your parent, that revokes all existing powers of attorney except those relating to health care.
How much does a power of attorney cost in New Hampshire?
The statutory form is free, and the notary's acknowledgment is the step with a fee, which New Hampshire caps. The notary fee is capped by RSA 455:11: "a fee of up to $10 for each oath, witness, service, or certification," and $25 per act for a remote notarization.
RSA 455:11 covers notary fees only; it doesn't set attorney fees.
Frequently asked questions
Does a power of attorney need to be notarized in New Hampshire?
Yes, for a general power of attorney. RSA 564-E:105 requires your parent's signature, not an electronic one, to be acknowledged before a notary or other official who takes acknowledgments, such as a justice of the peace. A power of attorney to convey real estate also needs it. A narrower, limited power of attorney needs only a signature.
Does a New Hampshire power of attorney need witnesses?
The execution section we read, RSA 564-E:105, doesn't require witnesses for any power of attorney. A general power of attorney instead needs a notary acknowledgment, a signed disclosure statement and the agent's signed acknowledgment. The statutory form in RSA 564-E:301 has a notary block and no witness lines.
Where can I get a New Hampshire power of attorney form?
The New Hampshire Statutory Power of Attorney is printed in RSA 564-E:301 on the General Court's website. Using it is optional; another document works if it meets RSA 564-E:105, including the signed disclosure statement. Whatever the source, the agent still has to sign the acknowledgment before acting.
Can a New Hampshire power of attorney make medical decisions?
Not this one. The Uniform Power of Attorney Act doesn't apply to "a power to make health-care decisions." New Hampshire uses a separate durable power of attorney for health care under RSA 137-J, signed before two qualified witnesses or a notary or justice of the peace. Our guide to New Hampshire advance directives explains it.
Is a power of attorney from another state valid in New Hampshire?
Yes, if it met the right law when signed. Under RSA 564-E:106, a power of attorney executed outside New Hampshire is valid there if it complied with the law of the jurisdiction that governs its meaning, or with the federal requirements for a military power of attorney. Unless the document or another statute says otherwise, a photocopy has the same effect as the original.
What if my elderly parent can no longer sign?
Someone can sign your parent's name in their conscious presence at their direction, but your parent still has to direct it and acknowledge it before a notary. If your parent can no longer make that decision, a court guardianship may be the remaining route. A power of attorney can nominate a guardian for the court to consider.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in New Hampshire a general one needs a notary, a signed disclosure statement and the agent's acknowledgment. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- RSA 564-E, Uniform Power of Attorney Act: durability (564-E:104), execution and the disclosure statement (564-E:105), out-of-state powers (564-E:106), effective date (564-E:109), termination (564-E:110), the agent's acknowledgment (564-E:113), duties (564-E:114), acceptance (564-E:120), express grants (564-E:201) and the statutory form (564-E:301); published by the New Hampshire General Court.
- RSA 477:9, Power of Attorney: powers of attorney to convey real estate.
- RSA 455, Notaries Public: the maximum notary fee (455:11).
- RSA 455-A, Justices of the Peace: a justice of the peace's power to acknowledge instruments (455-A:3).
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