New Hampshire power of attorney forms serve as a legal document to pass on responsibility from one individual (the principal) to another carefully chosen person (the attorney-in-fact). In most cases, the principal of a power of attorney will need to be of sound mind and good health at the time of creation. However, some cases require that a power of attorney template be made quickly as the principal’s health could be declining. Though these cases require a bit more of a rush, there still needs to be a meticulous selection of the person taking over control.
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Not all cases dealing with power of attorney have anything to do with the health of an individual. Some cases are all about short stints of time that the principal needs help in taking care of business. Whatever the occasion may be, all power of attorney forms are required to be filled out as per the New Hampshire Revised Statutes listed in Title LVI Chapter 564-E and require that a few laws and guidelines be followed. Included in the requirements are:
- The attorney-in-fact chosen by the principal does not have the right to make medical-based decisions where the principal’s life is on the line. This includes deciding whether or not to terminate life-support in grave situations.
- Principals must create a power of attorney that specifies they want the attorney-in-fact to make decisions regarding their health.
- The principal has the right to terminate the terms of a power of attorney at any time
- When filling out any power of attorney form, the principal should attempt to follow the outline shown in the statute
Why Use a POA Form in New Hampshire
A power of attorney can be used for several reasons depending on the needs of the principal. Some of these reasons are medical issues that could put the creator out of a healthy mindset to responsibly do business in their best interest or the need to leave work to a trusted professional. In some cases, a power of attorney is used to give a chosen professional the right to act in the principal’s place. Signing a POA document is relevant any time that real estate is involved, including the buying, selling, or refinancing of properties or the preparation of tax documents.
In either circumstance, the principal will need to choose the correct type of New Hampshire power of attorney forms, which best suits the situation. Not every situation is the same, and not all power of attorney forms are created equal. A few common types are:
General Power of Attorney Form
A general power of attorney form is the most basic and most commonly used power of attorney form. It is used to pass the full financial responsibility of one individual over to another. General POAs will remain valid except in the case that the principal becomes disabled or dies.
Real Estate Power of Attorney
A real estate power of attorney is used when the principal is either purchasing, selling, or refinancing their property. This is usually a short-term power of attorney that hands over the responsibility of making decisions over to an attorney-in-fact that will participate in all of the paperwork from start to finish. In this type of POA, there are usually very strict and specific parameters put in place by the principal to ensure that all things are carried out responsibly, keeping the principal’s finances safe.
Parental Power of Attorney
If there is ever a case where a legal guardian or parent needs to leave the country for an extended amount of time, they will need to fill out a parental power of attorney. This document gives the attorney-in-fact the right to act as a parent and care for the child, signing any papers related to their education or health. This is another example of a POA with specified authorities and timeframes, turning the full responsibility over to the legal parent once they are back in the country.
New Hampshire Tax Power of Attorney
In a tax power of attorney (Form DP-2848), selecting a responsible individual is perhaps the most crucial part of the process. This person is responsible for overseeing that all tax preparations, including required documents, are included to ensure that the taxes are properly filed, and all fees are paid. This POA could be used to fill out legal documents or other necessary paperwork that deals with the taxpayer’s finances and other legal business.
If there is any misfiled paperwork or any problems with the tax return, the principal faces all of the charges. The person who prepares the tax documents and the person in charge of setting everything in motion will not be charged for any mishandlings if they are the ones to take care of all of the paperwork. Therefore, careful attention must be taken when choosing a power of attorney.