What Is Power of Attorney?

On Behalf of | Nov 11, 2020 | Estate Planning

A power of attorney gives someone you trust legal permission to act on your behalf if you cannot manage financial matters. In New Hampshire, the Uniform Power of Attorney Act defines and governs this legal document. 

Learn more about why and how to use a New Hampshire power of attorney in your estate plan. 

Provisions of a power of attorney

When you create a power of attorney, you allow the person you name as your agent to handle your financial affairs if you cannot do so. For example, if you become incapacitated in a car accident or develop dementia, he or she will can your bills and take care of other practicalities. 

State law gives you the right to specifically list the actions your agent can take. You can also give them broad oversight. However, a power of attorney cannot take certain actions in New Hampshire unless expressly stated in the legal document, including: 

  • Managing intellectual property 
  • Sending or receiving electronic communications 
  • Exercising fiduciary duties 
  • Granting others authority to act as power of attorney 
  • Establishing a right of survivorship 
  • Changing or designating a beneficiary 
  • Giving away assets 
  • Changing, revoking or creating a trust 

Power of attorney validity

New Hampshire requires a power of attorney document to be in writing. You must sign the document or have someone else sign for you in the presence of a notary. The agent must also sign the power of attorney. 

The power of attorney becomes valid immediately. You can revoke this document at any time as long as you remain legally competent to do so.