A General Durable Power of Attorney is a document by which you nominate an agent to act for you in matters other than health care. It is a broad grant of authority that enables your agent to handle your financial affairs, including buying and selling assets, filing tax returns, and making gifts for specific purposes. Although your agent's authority will continue if you should become incompetent, it will end at your death. Since your agent will have the power to act on your behalf immediately after you have executed the document, we usually suggest that the client not release the General Durable Power of Attorney to the agent until it is needed. We often keep the original document in our possession, and ask the client to give us specific written instructions about the terms of its release.
A Durable Power of Attorney for Health Care is a document by which you nominate an agent to make all health care decisions for you when you are not capable of making those decisions for yourself. In this document, you must specifically indicate whether you give your agent the authority to make the decision whether to discontinue life-sustaining treatment, and whether that authority, if granted, extends to the withdrawal of artificially-provided food and liquid. There is also a statement which would permit your agent to make decisions for you if you are incapacitated and object to treatment.
Your health care provider will contact your health care agent for guidance only if you are unable to give direction about your health care. Your agent has the duty to make decisions in accordance with your wishes if those wishes are known. If your wishes are not known, your agent must act in your best interest and in accordance with accepted medical practices. As long as you remain competent, you may revoke the Durable Power of Attorney for Health Care at any time.
As of January, 2007, the Durable Power of Attorney for Health Care and Living Will are both part of a single form entitled the "New Hampshire Advance Directive".
A blank New Hampshire Advance Directive form, which includes a Durable Power of Attorney for Health Care is available to be downloaded here.