Question:

What is the difference between a “living will” and a “durable power of attorney for health care?”  Do I need both and, if so, which is more important?

Answer:

It is important to know about “advance directives” and how they work. Advance directives are specific instructions about the type of future medical care you want, or do not want, if you become unable to make decisions for yourself.  These are documents you prepare and sign in .

 

Petitioning the court for guardianship over another individual is sometimes necessary when the individual in question is not able to provide for his or her own basic needs such as, food, shelter, health care or to manage personal finances. Guardianship may often be avoided if other less restrictive alternatives are available, such as when financial or health care power of attorney documents are in in place. 

Should you die without having executed a Last Will and Testament, New Hampshire state law directs who will receive your assets and in what amounts. Dying without a Will is called, in legal terms, dying intestate. Your death certificate will be filed with the Probate Court in order to open your estate for administration and the Court will appoint someone – usually a family member – to serve as administrator. Once the administrator has settled .

You can find our latest article on the NH Bar website online at https://www.nhbar.org/publications/display-news-issue.asp?id=8317

February 17

 

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.

March 18

The Achieving Better Life Experience Act (ABLE), was signed into law on December 19, 2014. Once a state has passed legislation implementing an ABLE account program and the Treasury Department issues regulations, persons with disabilities may own and control one tax-exempt savings account for the payment of qualified disability-related expenses. ABLE account funds generally will not count toward income and resource limits for federal .

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

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Sonia Gianitsis
Renee Lubinski, EA

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