Updated August 3, 2026. Quick answer: New Hampshire calls this instrument advance directive, durable power of attorney for health care, living will, agent, surrogate. To execute it you need 2 witnesses — and the state requires witnesses OR a notary — either one. Getting that conjunction wrong is the most common way a directive fails when it is needed.
The execution box
| What the state calls it | advance directive, durable power of attorney for health care, living will, agent, surrogate |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | witnesses OR a notary — either one |
| Who may NOT witness | The agent or surrogate, the principal’s spouse or heir at law, a person entitled to any part of the principal’s estate, the attending practitioner, and a person acting under the direction/control of the attending practitioner may not witness. No more than one witness may be the principal’s health or residential care provider or that provider’s employee. |
| If you are in a care facility | No more than one of the two witnesses may be the principal’s health or residential care provider or an employee of that provider. |
| Authority | N.H. RSA 137-J:14, I(a)-(b) |
What the statute says
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 to any part of the estate
— N.H. RSA 137-J:14, I(a)-(b)
The form
The statute refers to a form, but we could not retrieve an official copy to link. Ask your state health department or check the statute itself — many states publish one free. We are not linking a commercial seller in its place.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
notary_required is null (not false) because notarization/JP acknowledgment is a valid alternative path to witnessing under RSA 137-J:14, I(b), not a mandatory addition.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.