An advanced directive is used as an advance care planning tool in the State of New Hampshire. It is used to make a difficult time easier for family members. If you do not create a living will, someone else will make decisions on your behalf, including the application of life support and when it should be withdrawn. However, it does not operate in the same way as a power of attorney or durable power of attorney for health care. If you are interested in learning more about a power of attorney, seek legal advice from an attorney skilled in New Hampshire state law.
§ 137-J:1 through § 137-J:37: New Hampshire honors the right of adults to create a document that directs medical care that may be used when the individual becomes incapacitated. If a living will is not created, New Hampshire allows the person’s next of kin or loved one to make these decisions for the incapacitated individual.
A living will requires a disclosure statement, the declarant's date of birth, and must be created and followed in good faith. Additionally, there are key pieces of information that must be included such as how it is a "final expression of my right to refuse medical or surgical treatment and accept the consequences of such refusal." You can learn more about advanced directives from the Foundation for Healthy Communities.
Living wills are important, but it is also important to create a New Hampshire last will and testament.