US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 New Hampshire Revised Statutes » Title X - Public Health » Title 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions

Section 137-J:1 – Purpose and Policy.

    137-J:1 Purpose and Policy. – I. The state of New Hampshire recognizes that individual persons have the right, founded in the autonomy and sanctity of a person, to control the decisions relating to the rendering of their own medical care. In order that the rights of persons may be respected even after such persons […]

Section 137-J:10 – Criminal Act Not Construed or Authorized.

    137-J:10 Criminal Act Not Construed or Authorized. – I. The withholding or withdrawal of life-sustaining treatment pursuant to the provisions of this chapter shall at no time be construed as a suicide or murder for any legal purpose. Nothing in this chapter shall be construed to legalize, constitute, condone, authorize, or approve suicide, assisted […]

Section 137-J:11 – Liability for Health Care Costs.

    137-J:11 Liability for Health Care Costs. – Liability for the cost of health care provided pursuant to the agent’s or surrogate’s decision shall be the same as if the health care were provided pursuant to the principal’s decision. Source. 2006, 302:2, eff. Jan. 1, 2007. 2021, 176:2, eff. July 30, 2021.

Section 137-J:12 – Immunity.

    137-J:12 Immunity. – I. No person acting as agent pursuant to an advance directive or acting as a surrogate shall be subjected to criminal or civil liability for making a health care decision on behalf of the principal in good faith pursuant to the provisions of this chapter and the terms of the advance […]

Section 137-J:13 – Use of Statutory Forms.

    137-J:13 Use of Statutory Forms. – I. Every person wishing to execute an advance directive shall be provided with a disclosure statement substantially in the form set forth in RSA 137-J:19 prior to execution. II. An advance directive executed on or after the effective date of this chapter shall be substantially in the form […]

Section 137-J:14 – Execution and Witnesses.

    137-J:14 Execution and Witnesses. – 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 […]

Section 137-J:15 – Revocation.

    137-J:15 Revocation. – I. An advance directive consistent with the provisions of this chapter shall be revoked: (a) By written revocation delivered to the agent or surrogate or to a health care provider or residential care provider expressing the principal’s intent to revoke, signed and dated by the principal; by oral revocation in the […]

Section 137-J:16 – Documents Executed Prior to Enactment.

    137-J:16 Documents Executed Prior to Enactment. – Nothing in this chapter limits the enforceability of an advance directive or similar instrument validly executed under prior New Hampshire law. Source. 2006, 302:2, eff. Jan. 1, 2007.

Section 137-J:17 – Reciprocity.

    137-J:17 Reciprocity. – A DNR, POLST, durable power of attorney for health care, living will, or similar document executed in another state, and valid according to the laws of the state where it was executed, shall be as effective in this state as it would have been if executed according to the laws of […]

Section 137-J:18 – Naming of Multiple Agents.

    137-J:18 Naming of Multiple Agents. – If the principal lists more than one person as the agent in a durable power of attorney for health care directive, the agents shall have authority in priority of the order in which their names are listed on the document, unless the method of joint agency is expressly […]

Section 137-J:19 – Advance Directive; Disclosure Statement.

    137-J:19 Advance Directive; Disclosure Statement. – The disclosure statement which must accompany an advance directive shall be in substantially the following form: AN ADVANCE DIRECTIVE IS A LEGAL DOCUMENT. YOU SHOULD KNOW THESE FACTS BEFORE SIGNING IT. BULLET This form allows you to choose who you want to make decisions about your health care […]

Section 137-J:2 – Definitions.

    137-J:2 Definitions. – In this chapter: I. " Actively dying " means an incurable condition caused by injury, disease, or illness which is such that death is imminent and the application of life-sustaining treatment would, to a reasonable degree of medical certainty only postpone the moment of death to another imminent moment, as certified […]

Section 137-J:20 – Advance Directive; Durable Power of Attorney and Living Will Forms.

    137-J:20 Advance Directive; Durable Power of Attorney and Living Will Forms. – An advance directive in its individual "Durable Power of Attorney for Health Care" and "Living Will" components shall be in substantially the following form: NEW HAMPSHIRE ADVANCE DIRECTIVE FORM Name (Principal’s Name): __________________________________________________ DOB: __________________________________________________ Address: __________________________________________________ I. DURABLE POWER OF ATTORNEY […]

Section 137-J:21 – Effect of Appointment of Guardian; Inconsistency.

    137-J:21 Effect of Appointment of Guardian; Inconsistency. – I. On motion filed in connection with a petition for appointment of a guardian or on petition of a guardian if one has been appointed, the probate court shall consider whether the authority of an agent designated pursuant to an advance directive should be suspended or […]

Section 137-J:22 – Civil Action.

    137-J:22 Civil Action. – I. The principal or any person who is a near relative of the principal, or who is a responsible adult who is directly interested in the principal by personal knowledge and acquaintance, including, but not limited to a guardian, social worker, physician, or member of the clergy, may file an […]

Section 137-J:23 – Penalty.

    137-J:23 Penalty. – A person who knowingly and falsely makes, alters, forges, or counterfeits, or knowingly and falsely causes to be made, altered, forged, or counterfeited, or procures, aids or counsels the making, altering, forging, or counterfeiting, of an advance directive or revocation of same with the intent to injure or defraud a person […]

Section 137-J:24 – Applicability.

    137-J:24 Applicability. – The provisions of this subdivision apply to all persons regardless of whether or not they have completed an advance directive. Source. 2006, 302:2, eff. Jan. 1, 2007.

Section 137-J:25 – Presumed Consent to Cardiopulmonary Resuscitation; Health Care Providers and Residential Care Providers Not Required to Expand to Provide Cardiopulmonary Resuscitation.

    137-J:25 Presumed Consent to Cardiopulmonary Resuscitation; Health Care Providers and Residential Care Providers Not Required to Expand to Provide Cardiopulmonary Resuscitation. – I. Every person shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless one or more of the following conditions, of which […]

Section 137-J:27 – Compliance With a Do Not Resuscitate Order.

    137-J:27 Compliance With a Do Not Resuscitate Order. – I. Health care providers and residential care providers shall comply with the do not resuscitate order when presented with one of the following: (a) A do not resuscitate order or POLST that indicates Do Not Resuscitate completed by the attending practitioner on a form as […]