The “New Hampshire Real Estate Power of Attorney” is a powerful legal document that provides a means for you, the Principal, to delegate authority to another person, your Agent, for managing real estate transactions on your behalf.

In scenarios where you are unable to attend to your properties due to personal reasons, geographical distance, or health concerns, this document comes into play.

By assigning an Agent, you can ensure that your real estate matters are handled smoothly and diligently in your absence.

Step 1: Appointment

 

This section is where you, the Principal, formally state your decision to appoint an Agent. You’ll need to include the effective date of the Power of Attorney, your full name, and your mailing address.

This information serves as a formal introduction and helps confirm your identity in legal documents.

It provides a clear record of who is assigning the power and to whom it’s being assigned, along with the date it goes into effect.

For instance, if you are John Doe living at 123 Main St, Anytown, NH 03060, you would fill this section accordingly.

 

 

Step 2: 2nd Agent

 

Here, you can appoint a secondary agent who will step in if your first choice can’t serve for some reason. If you’re confident in your first agent, you can check “No other individual”.

However, if you want to have a backup, select “Another Agent” and provide their name and mailing address.

It serves as a safety net, ensuring there is always someone who can act on your behalf if your primary agent becomes unable to do so.

For instance, you could select your reliable cousin, Jane Doe, who lives at 456 Park Ave, Anytown, NH 03060.

 

Step 3: Real Estate

 

This section is all about defining the scope of the Agent’s authority concerning your real estate properties. If the Power of Attorney pertains to a single property, choose “A Single-Property” and provide its details. If it’s for multiple properties, check “Multiple Properties”.

It specifies the exact real estate for which the agent has authority, avoiding any future confusion.

As an example, if you have a house at 789 Hilltop Drive, Anytown, NH 03060, you would list that address under “A Single-Property”.

 

 

Step 4: Powers Granted

 

This is the heart of the document where you outline the powers you are conferring to your Agent. These could include selling, purchasing, managing, or financing real estate. You must initial and check all that apply to your situation.

It provides specific guidelines for your agent about what they can and can’t do, ensuring they act according to your wishes.

For instance, if you’re moving abroad and want your agent to manage your rental property, including maintenance and tenant dealings, you’d check and initial “Management”.

 

Step 5: Term

 

This section defines how long the Power of Attorney is in effect. It could be until a specific end date, until you’re incapacitated, or until your death or revocation. Initial and check the option that best suits your requirements. 

It helps define the duration of your Agent’s authority, providing a clear timeline for when their powers begin and end.

For instance, if you want the agent’s power to end on December 31, 2025, you’d choose “End Date” and write that date.

 

Step 6: Durable

 

The last section is about whether the Power of Attorney remains valid if you become incapacitated. If you want it to end upon incapacitation, choose “NOT be Valid”. If you want it to continue, select “Remain Valid”. 

It’s a provision for unforeseen circumstances, ensuring your property matters will still be handled if you’re unable to make decisions yourself.

For instance, if you’d like your agent’s authority to continue even if you’re unable to make decisions, you’d check “Remain Valid”.

 

Step 7: Execution

 

This portion outlines the formal signing requirements for the Power of Attorney document according to governing law. You’ll need to decide if it will be signed in the presence of a Notary Public, One (1) Witness, or Two (2) Witnesses, then initial and check the corresponding boxes.

Proper execution is essential to the document’s legality and enforceability. It confirms that you are willingly signing the document in the presence of witnesses.

For instance, if New Hampshire law requires the presence of a Notary Public, you would initial and check the “Notary Public” box.

 

 

Step 8: Principal’s Signature

 

In this section, you need to provide your signature, print your name, and write the date. This is your formal acknowledgment of all the details in the document.

Your signature authenticates the document, affirming that you agree to the terms laid out in it.

 

Step 9: Notary Acknowledgment

 

This is the section where the Notary Public validates the authenticity of the document.

They confirm that you, as the Principal, appeared before them, verified your identity, and acknowledged that you executed the Power of Attorney willingly.

The notary’s signature and seal help to deter fraud and ensure the document is legally enforceable.

 

Step 10: Witness Acknowledgment

 

This section is where your chosen witness or witnesses confirm that you signed the document willingly in their presence. They need to sign, print their names, provide their mailing addresses, and their phone numbers.

Witnesses provide an extra layer of validation to the document by confirming that you signed it of your own free will and weren’t under any undue influence.

For instance, if your neighbor Mark Johnson, who lives at 123 Cedar St, Anytown, NH 03060, and his cell phone number is (603) 555-1234, witnessed the signing, he’d fill in these details.

Conclusion

 

By completing a Real Estate Power of Attorney, New Hampshire property owners can protect their interests and ensure competent management of their assets even when they are unable to be present.

This helps provide stability, continuity, and confidence despite changing personal circumstances.