The New Hampshire Durable (Statutory) Power of Attorney Form is a critical legal document that offers a robust way for an individual, known as the principal, to appoint another person or entity, known as the agent, to manage their personal, financial, and legal affairs.

This document becomes crucial when the principal cannot make decisions due to incapacitation or unavailability.

It offers a safeguard mechanism that ensures the principal’s affairs are adequately handled, protecting their interests and providing peace of mind.

 

Step 1: Principal’s Signature

 

This is the signature of the person assigning the power of attorney, also known as the Principal. The Principal’s signature validates the document, proving they acknowledge and consent to the contents of the power of attorney form.

It provides legal authority to the document. Without the Principal’s signature, the power of attorney would not be legally binding.

Example: You will sign in this space if your name is John Doe.

 

Step 2: Name

 

Here, you would insert your full legal name and current address as the Principal.
This identifies who grants power of attorney, linking the document to the correct individual.

Example: If your name is John Doe and you live at 123 Maple St, Concord, New Hampshire, you would write, “KNOW ALL PERSONS BY THESE PRESENTS, that I, John Doe, currently of 123 Maple St, Concord.”

 

Step 3: The Agent

 

In this space, you write the full name and current address of the person you are appointing as your Agent.
This identifies who is being given power of attorney, establishing them as a representative of the Principal’s affairs.

Example: If you appoint your daughter Jane Doe, who lives at 456 Pine Ave, Manchester, you will write, “hereby appoint Jane Doe currently of 456 Pine Ave, Manchester, (the ‘Agent’).”

 

Step 4: Agent’s Powers

 

This section defines the powers the Principal is giving to the Agent. The specific powers will follow this statement, each requiring the Principal’s initials to confirm.
This specifies what the Agent is authorized to do, and the Principal’s initials show explicit consent to each power granted.

Example: The powers could range from managing financial affairs, making health decisions, or handling property transactions. You must read each power listed, and if you agree to it, initial next to it.

 

 

Powers Granted

 

1). My agent may exercise or perform any act, power, duty, right, or obligation whatsoever:

 

This statement gives your agent broad and expansive power to handle any affairs you currently have or may have. This includes dealing with people, transactions, businesses, properties, etc.
This power allows your agent to manage your affairs as broadly as you could if you were handling them yourself.

Example: By initialing this statement, your agent could, for instance, sell a property that you own or make investment decisions on your behalf.

 

2). My agent may conduct, engage in, and transact any and all lawful business of whatever nature or kind:

 

This grants your agent the authority to conduct business on your behalf.
It permits your agent to manage your business interests effectively.

Example: By initialing this, if you own a bakery, your agent could handle tasks such as ordering supplies, paying employees, or even selling the bakery.

 

3). My agent may request, ask, demand, sue for, recover, collect, receive, and hold and possess all such sums of money, debts, dues:

 

This empowers your agent to manage all aspects of your finances and assets. This includes collecting debts owed to you, handling checks, stocks, bonds, and property, and using legal means to collect and recover these assets.

This gives your agent the ability to manage your financial affairs.

Example: Initialing this allows your agent to, for example, deposit checks into your bank account, collect rents from properties you own, or sell stocks on your behalf.

 

4). My agent may lease, purchase, exchange, and acquire:

 

This statement gives your agent the authority to handle real estate and personal property transactions on your behalf.

This authority allows your agent to manage property transactions without the need for you to be physically present.

Example: If you initial this statement, your agent could buy a new home, sell your old one, or lease a property to a tenant on your behalf.

 

5). My agent may maintain, repair, improve, manage, insure:

 

This gives your agent the power to handle all aspects of property management, including repairs, improvements, insurance, leasing, selling, and mortgaging.

This allows your agent to manage your properties effectively.

Example: By initialing here, your agent could repair your rental property, improve your home, or insure your properties.

 

6). My agent may make, receive, sign, endorse, execute:

 

This grants your agent the authority to sign and execute documents on your behalf, such as contracts, deeds, and checks.

This is crucial as it allows your agent to handle your paperwork necessary for financial and legal transactions.

Example: If you initial this statement, your agent could sign a contract to sell your car or endorse a check for you.

 

7). My agent may represent me in any and all proceedings now pending:

 

This empowers your agent to represent you in tax-related matters with the IRS and other tax authorities.
It allows your agent to handle your tax affairs, including paying taxes and dealing with tax disputes.

Example: By initialing this, your agent could file your tax returns or handle a tax audit on your behalf.

 

8). I grant my agent full power and authority to do, take, and perform all:

 

This clause gives your agent the power to take any actions necessary that haven’t been specified in the previous sections, but are still in line with managing your affairs.This is a catch-all statement that covers any actions your agent might need to take on your behalf that haven’t been explicitly mentioned.

Example: This could include anything from hiring a caretaker for you in case of illness, to buying a specific piece of art you’ve always wanted.

 

9). Special instructions for my agent:

 

This section allows you to give specific instructions to your agent that aren’t covered in the rest of the document. These should be clear instructions about your wishes.
This helps guide your agent in their decision-making and provides them with specific instructions about your wishes and preferences.

Example: You could specify something like, “Invest a minimum of 10% of my savings into environmental, social, and governance (ESG) compliant companies.”

 

10). Date and Location:

Here, you will fill in the location (city or town) and the date when you’re signing the document.
This confirms when and where the document was signed, which can be crucial for legal purposes.

Example: You might write, “Dated at Concord, New Hampshire this 10th day of August, 2023.”

 

11).Principal’s Signature:

 

You, the principal, sign here.
Your signature makes the power of attorney document legally binding.

 

12). Notarization

 

This section is for the notary public’s record. They fill in the county where the notarization is taking place and confirm your identity and your acknowledgment that the power of attorney was your free act and deed.
 

A notary public’s acknowledgment provides an extra level of authenticity, proving that you are who you say you are and that you signed this document of your own free will.

 

13). Instructions To Agent

 

This is a declaration for the agent to acknowledge that they understand their responsibilities and obligations under the power of attorney.

The agent confirms that they have read the power of attorney and understand the power and responsibilities they have been given.

This ensures that the agent is aware of their role and the legal responsibilities that come with it.

 

14). Agent’s Signature

 

The agent signs here to acknowledge they understand and accept their responsibilities.

 

15). Notarization

 

Similar to the principal’s notarization section, the notary public will fill this section, acknowledging that the agent is who they say they are and have signed the document freely.

 

Conclusion

 

In conclusion, filling out the New Hampshire Durable (Statutory) Power of Attorney Form is a practical step for individuals wishing to ensure that their affairs will be handled appropriately and according to their wishes, should they become incapacitated or unavailable.

This document offers a valuable protective measure, allowing trusted individuals to act on their behalf.

It should be noted, however, that because of the significant powers conferred to the agent, this form should be completed with careful consideration and typically under the guidance of a legal professional.

By meticulously filling out this form, all involved parties are legally protected, ensuring clarity, reducing disputes, and upholding the principal’s best interests.