New Hampshire Revised Statutes 137-J:1 – Purpose and Policy
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I. The state of New Hampshire recognizes that individual persons have the right, founded in the autonomy and sanctity of a person, to control the decisions relating to the rendering of their own medical care. In order that the rights of persons may be respected even after such persons lack the capacity to make health care decisions for themselves, and to encourage communication between patients and their attending practitioners, the general court declares that the laws of this state shall recognize the right of a competent person to make a written directive:
(a) Delegating to an agent in the durable power of attorney for health care the authority to make health care decisions on the person’s behalf, in the event such person is unable to make those decisions independently, either due to permanent or temporary lack of capacity to make health care decisions;
(b) Stating the person’s wishes in the living will about end of life care and providing guidance to the person’s agent, surrogate, and/or attending practitioner.
II. All persons have a right to make health care decisions and to refuse health care treatments, including the right to refuse cardiopulmonary resuscitation. It is the purpose of the “Do Not Resuscitate” provisions of this chapter to ensure that the right of a person to self-determination relating to cardiopulmonary resuscitation is protected, and to give direction to emergency services personnel and other health care providers in regard to the performance of cardiopulmonary resuscitation. Recognizing this right, the refusal of health care treatments is not sufficient to demonstrate that a person lacks capacity to make health care decisions.
III. While all persons have a right to make a written directive, not all take advantage of that right, and it is the purpose of the surrogacy provisions of this chapter to ensure that health care decisions can be made in a timely manner by a person’s next of kin or loved one without involving court action. This chapter specifies a process to establish a surrogate decision-maker when there is no agent appointed under a durable power of attorney for health care or a guardian, as defined in RSA 464-A, to make health care decisions.
IV. This chapter seeks to simplify and clarify the process by which a person may execute a health care advance directive by combining in one form the durable power of attorney for health care document and the living will, either of which (or both) may be executed by the person. The law recognizes that it is preferable for a person to choose an agent under a durable power of attorney for health care document who can make decisions in real time and under then existing circumstances regarding health care decisions that best reflect the person’s values, as articulated orally or in writing by the person. The law also recognizes that a person may wish to execute a living will that sets forth their wishes about end of life care that would be used by an agent or surrogate as guidance in implementing the person’s wishes. The law further recognizes that a person may wish to grant greater power and authority to their named agent than to a surrogate and honors any limitations placed on a surrogate in a person’s advance directive.
(a) Delegating to an agent in the durable power of attorney for health care the authority to make health care decisions on the person’s behalf, in the event such person is unable to make those decisions independently, either due to permanent or temporary lack of capacity to make health care decisions;
Terms Used In New Hampshire Revised Statutes 137-J:1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) Stating the person’s wishes in the living will about end of life care and providing guidance to the person’s agent, surrogate, and/or attending practitioner.
II. All persons have a right to make health care decisions and to refuse health care treatments, including the right to refuse cardiopulmonary resuscitation. It is the purpose of the “Do Not Resuscitate” provisions of this chapter to ensure that the right of a person to self-determination relating to cardiopulmonary resuscitation is protected, and to give direction to emergency services personnel and other health care providers in regard to the performance of cardiopulmonary resuscitation. Recognizing this right, the refusal of health care treatments is not sufficient to demonstrate that a person lacks capacity to make health care decisions.
III. While all persons have a right to make a written directive, not all take advantage of that right, and it is the purpose of the surrogacy provisions of this chapter to ensure that health care decisions can be made in a timely manner by a person’s next of kin or loved one without involving court action. This chapter specifies a process to establish a surrogate decision-maker when there is no agent appointed under a durable power of attorney for health care or a guardian, as defined in RSA 464-A, to make health care decisions.
IV. This chapter seeks to simplify and clarify the process by which a person may execute a health care advance directive by combining in one form the durable power of attorney for health care document and the living will, either of which (or both) may be executed by the person. The law recognizes that it is preferable for a person to choose an agent under a durable power of attorney for health care document who can make decisions in real time and under then existing circumstances regarding health care decisions that best reflect the person’s values, as articulated orally or in writing by the person. The law also recognizes that a person may wish to execute a living will that sets forth their wishes about end of life care that would be used by an agent or surrogate as guidance in implementing the person’s wishes. The law further recognizes that a person may wish to grant greater power and authority to their named agent than to a surrogate and honors any limitations placed on a surrogate in a person’s advance directive.