NH Surrogate Decision Maker Law
New Hampshire’s “Surrogate Decision Maker Law” amends RSA 137-J — the state’s advance directive statute — and creates a hierarchical list of family members/friends who may make health care decisions for patients in certain situations for a limited time period.
Advanced Directives Hierarchy
A surrogate decision – maker may be identified to make medical decisions on behalf of a patient in the following order of priority:
- The patient’s spouse, or civil union partner or common law spouse unless there is a divorce proceeding, separation agreement, or restraining order limiting that person’s relationship with the patient.
- Any adult son or daughter of the patient.
- Either parent of the patient.
- Any adult brother or sister of the patient.
- Any adult grandchild of the patient.
- Any grandparent of the patient.
- Any adult aunt, uncle, niece, or nephew of the patient.
- A close friend of the patient. *
- The agent with financial power of attorney or a conservator appointed in accordance with RSA 464 – A.
- The guardian of the patient’s estate.
Advance Care Planning
- A New Hampshire handbook on making end-of-life decisions for someone else:
This handbook will guide you through decisions that you may have to make as someone’s health care proxy. - The Conversation Project:
This website has guides to choosing a health care proxy, being a health care proxy, talking to your healthcare team, and more. - Three Beliefs: A guide for New Hampshire Catholics on making end-of-life decisions:
A great resource for Catholics to refer to regarding the church’s view on end-of-life decisions. - New Hampshire Foundation for Healthy Families:
This is the organization that produces the New Hampshire Advance Directive. The website contains many resources for advance care planning. - Medical Aid in Dying Resources: