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"The laws relating to durable powers of attorney (DPAs) have largely evolved from the common law of agency and are steadily moving toward a statutory framework. The statutory law is moving from relatively short statutes amending the common law of agency to comprehensive frameworks supplemented by the common law."
Call Number: KF1375.Z9 H95 2020 ISBN: 9781684674619 Publication Date: 2020"A number of states have created an optional statutory short form power of attorney based on the Uniform Power of Attorney Act. [See RSA 564-E on the next page for NH's version.] . The goal seems to be to offer a standard form of power of attorney that is convenient and reliable."
Call Number: KFN1340 .P73"There are two common options for clients to elect in tailoring their DGPOA [Durable General Power of Attorney]: the present grant of authority and the springing power. The present grant provides that the power conveyed is effective immediately upon execution of the document and will not be rendered ineffective by the subsequent incapacity of the principal. The springing power "springs" into existence only upon a determination of the principal's actual incapacity." See Chapter 5.2
Call Number: KFN1280 .N48 v. 7 2003 Publication Date: 2003"Because of the continuing abuses by agents holding durable powers of attorney to treat property of the principal as their own or to otherwise act improperly under the power granted to the agent by the principal, the legislature has continued to attempt to strengthen provisions relating to durable powers of attorney by placing limitations on the power of the agent to act, particularly in making gifts of the principal's property." Ch. 42.
This website has guides for those who have been named in a power of attorney to make decisions about money and property for someone else, guides for those who have been appointed by a court to be guardians of property or conservators, giving them the duty and the power to make financial decisions on someone’s behalf, guides for those who have been named as trustees under revocable living trusts. and guides for those who have been appointed by a government agency to manage another person's income benefits, such as Social Security or Veterans Affairs benefit checks.
This website includes a financial caregiving guide, and information about formalizing a caregiving arrangement, powers of attorney, and tips for financial caregiving.
This site is maintained by the law librarians of the John W. King New Hampshire Law Library.
Our guides are for information purposes only and are not comprehensive.
They are intended as starting points for your legal research, to illustrate the various sources of the law, and to provide guidance in their use.
NH Law About . is not a substitute for the services of an attorney.
