New Hampshire Revised Statutes 137-J:14 – Execution and Witnesses
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I. The advance directive shall be signed by the principal in the presence of either of the following:
(a) Two or more subscribing witnesses, neither of whom shall, at the time of execution, be the agent or surrogate, the principal’s spouse or heir at law, or a person entitled to any part of the estate of the principal upon death of the principal under a will, trust, or other testamentary instrument or deed in existence or by operation of law, or attending practitioner, or person acting under the direction or control of the attending practitioner. No more than one such witness may be the principal’s health or residential care provider or such provider’s employee. The witnesses shall affirm that the principal appeared to be of sound mind and free from duress at the time the advance directive was signed and that the principal affirmed awareness of the nature of the document and signed it freely and voluntarily; or
(b) A notary public or justice of the peace, who shall acknowledge the principal’s signature pursuant to the provisions of RSA 456-B.
II. If the principal is physically unable to sign, the advance directive may be signed by another person who signs the principal’s name in the principal’s physical presence and at the principal’s express direction.
(a) Two or more subscribing witnesses, neither of whom shall, at the time of execution, be the agent or surrogate, the principal’s spouse or heir at law, or a person entitled to any part of the estate of the principal upon death of the principal under a will, trust, or other testamentary instrument or deed in existence or by operation of law, or attending practitioner, or person acting under the direction or control of the attending practitioner. No more than one such witness may be the principal’s health or residential care provider or such provider’s employee. The witnesses shall affirm that the principal appeared to be of sound mind and free from duress at the time the advance directive was signed and that the principal affirmed awareness of the nature of the document and signed it freely and voluntarily; or
Terms Used In New Hampshire Revised Statutes 137-J:14
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(b) A notary public or justice of the peace, who shall acknowledge the principal’s signature pursuant to the provisions of RSA 456-B.
II. If the principal is physically unable to sign, the advance directive may be signed by another person who signs the principal’s name in the principal’s physical presence and at the principal’s express direction.