New Hampshire Living Will Requirements
Based on RSA 137-J (Written Directives for Medical Decision Making)
Quick Summary
- Document type: Advance Directive (Living Will and Durable Power of Attorney for Health Care)
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
New Hampshire requires 2 witnesses who are present when you sign your advance directive (living will and durable power of attorney for health care). Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be the person designated as the principal's agent or surrogate
- A witness cannot be the principal's spouse
- A witness cannot be an heir at law of the principal
- A witness cannot be a person entitled to any portion of the principal's estate upon death under a will, trust, or other testamentary instrument or deed in existence or by operation of law
- A witness cannot be the principal's attending practitioner (physician, APRN, or PA)
- A witness cannot be a person acting under the direction or control of the attending practitioner
- No more than one witness may be the principal's health or residential care provider or such provider's employee
When Your Living Will Takes Effect
Your New Hampshire living will becomes effective when the following conditions are met:
Terminal Illness
An incurable condition caused by injury, disease, or illness which is such that death is imminent and the application of life-sustaining treatment would only postpone the moment of death, as certified by two qualified practitioners.
Persistent Vegetative State
A lasting condition, indefinitely without improvement, in which thought, awareness of self and environment, and other indicators of consciousness are absent, as determined by an appropriate neurological assessment by a physician in consultation with the attending physician or an appropriate neurological assessment by a physician in consultation with an APRN or PA.
Irreversible Condition
An advanced life-limiting, incurable and progressive condition for which treatment has become excessively burdensome or ineffective.
Important Notes for New Hampshire
- New Hampshire follows RSA 137-J (Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions)
- The advance directive must be signed by the principal in the presence of two or more subscribing witnesses, or alternatively before a notary public or justice of the peace
- A notary public or justice of the peace may serve as an alternative to two witnesses
- Witnesses must attest 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
- If the principal cannot physically sign, another person may sign on their behalf in the principal's physical presence and at their express direction
- New Hampshire uses the terms "actively dying" and "permanently unconscious" rather than the more common "terminal condition" and "persistent vegetative state"
- A living will in New Hampshire is a written statement of wishes regarding life-sustaining treatment when the patient has lost capacity and is permanently unconscious or has an advanced life-limiting condition
- The advance directive may include both a durable power of attorney for health care and a living will
- A declaration may be revoked at any time by the principal
- The statute was most recently amended effective July 30, 2021
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.