March 18

New Hampshire Healthcare Advance Directive - Surrogacy Provisions

New Hampshire Healthcare Advance Directive - Surrogacy Provisions

 

New Hampshire expanded its healthcare advance directive statute (NH RSA § 137-J) in 2015 to include a surrogate health care decision-making process. These surrogacy provisions allow a patient’s relatives, in a specific order of priority, to make timely health care decisions, without court involvement, for a period of up to 90 days when no healthcare agent is available or willing to act. While the surrogacy is active, the surrogate decision-maker may make health care decisions for the patient to the same extent as an agent under a durable power of attorney for health care. The surrogacy also will terminate if the patient objects to the person’s appointment, a guardian is appointed, the patient is determined to be near death, or the patient regains decision-making capacity.

Attorneys
Ann N. Butenhof, CELA
Judith L. Bomster, Esquire
Judith K. Jones, Esquire

Paralegals
Sonia Gianitsis
Renee Lubinski, EA

Administrative Staff
› Denise M. Aiken – Executive Assistant/Office Manager
› Caitlin M. Nelson – Receptionist
› Debra Doyon  Accounting Manager
› Natasha Winslow - Clerk