Section 564-E:101 – Short Title.

    564-E:101 Short Title. – This chapter may be cited as the Uniform Power of Attorney Act. Source. 2017, 178:1, eff. Jan. 1, 2018.

Section 564-E:102 – Definitions.

    564-E:102 Definitions. – In this chapter: (1) " Agent " means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to whom an agent’s authority is delegated. (2) " Conservator […]

Section 564-E:103 – Applicability.

    564-E:103 Applicability. – This chapter applies to all powers of attorney except: (1) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2) a power to make health-care […]

Section 564-E:104 – Power of Attorney is Durable.

    564-E:104 Power of Attorney is Durable. – A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal. Source. 2017, 178:1, eff. Jan. 1, 2018.

Section 564-E:105 – Execution of Power of Attorney.

    564-E:105 Execution of Power of Attorney. – (a) With regard to a general power of attorney: (1) The power of attorney must be signed (other than by electronic signature) by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of […]

Section 564-E:106 – Validity of Power of Attorney.

    564-E:106 Validity of Power of Attorney. – (a) A power of attorney executed in this state on or after the effective date of this chapter is valid if its execution complies with RSA 564-E:105. (b) A power of attorney executed in this state before the effective date of this chapter is valid if its […]

Section 564-E:107 – Meaning and Effect of Power of Attorney.

    564-E:107 Meaning and Effect of Power of Attorney. – The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was […]

Section 564-E:108 – Nomination of Guardian; Relation of Agent to Court-Appointed Fiduciary.

    564-E:108 Nomination of Guardian; Relation of Agent to Court-Appointed Fiduciary. – (a) In a power of attorney, a principal may nominate a guardian of the principal’s estate or guardian of the principal’s person for consideration by the court if protective proceedings for the principal’s estate or person are begun after the principal executes the […]

Section 564-E:109 – When Power of Attorney Effective.

    564-E:109 When Power of Attorney Effective. – (a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b) If a power of attorney becomes effective upon the occurrence […]

Section 564-E:110 – Termination of Power of Attorney or Agent’s Authority.

    564-E:110 Termination of Power of Attorney or Agent’s Authority. – (a) A power of attorney terminates when: (1) the principal dies; (2) the principal becomes incapacitated, if the power of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power of attorney provides that it terminates; (5) the purpose […]

Section 564-E:111 – Coagents and Successor Agents.

    564-E:111 Coagents and Successor Agents. – (a) A principal may designate 2 or more persons to act as coagents. Unless the power of attorney otherwise provides, the coagents must exercise their authority jointly. (b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not […]

Section 564-E:112 – Reimbursement and Compensation of Agent.

    564-E:112 Reimbursement and Compensation of Agent. – Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. Source. 2017, 178:1, eff. Jan. 1, 2018.

Section 564-E:113 – Agent’s Authority and Agent’s Acceptance or Declination.

    564-E:113 Agent’s Authority and Agent’s Acceptance or Declination. – (a) A person designated as agent under a general power of attorney shall have no authority to act as agent unless, at any time prior to exercising the power granted under the general power of attorney and not necessarily at the time the general power […]

Section 564-E:114 – Agent’s Duties.

    564-E:114 Agent’s Duties. – (a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (1) act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest; (2) act in good faith; and (3) act only within the […]

Section 564-E:115 – Exoneration of Agent.

    564-E:115 Exoneration of Agent. – A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision: (1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, […]

Section 564-E:116 – Judicial Relief.

    564-E:116 Judicial Relief. – (a) The following persons may petition a court to determine whether a power of attorney is in effect, to determine whether a power of attorney has terminated, to determine whether an agent’s authority has terminated, to determine whether a particular gift is authorized as provided in subsection (g), to determine […]

Section 564-E:117 – Agent’s Liability.

    564-E:117 Agent’s Liability. – An agent that violates this chapter may be held liable, and an agent that knowingly, willfully, or recklessly violates this chapter shall be liable, to the principal or the principal’s successors in interest for the amount required to: (1) restore the value of the principal’s property to what it would […]

Section 564-E:118 – Agent’s Resignation; Notice.

    564-E:118 Agent’s Resignation; Notice. – An agent may resign by substantially complying with a method of resignation provided in the terms of the power of attorney or, if the terms of the power of attorney do not provide a method or the method provided in the terms is not expressly made exclusive or is […]

Section 564-E:119 – Acceptance of and Reliance upon Acknowledged Power of Attorney.

    564-E:119 Acceptance of and Reliance upon Acknowledged Power of Attorney. – (a) For purposes of this section and RSA 564-E:120, " acknowledged " means purportedly verified before a notary public or other individual authorized to take acknowledgments. (b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that […]

Section 564-E:120 – Liability for Refusal to Accept Acknowledged Power of Attorney.

    564-E:120 Liability for Refusal to Accept Acknowledged Power of Attorney. – (a) Except as otherwise provided in subsection (b): (1) a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under RSA 564-E:119(d) no later than 7 business days after presentation of the […]