New Hampshire Durable Power of Attorney for Disability

When your child with a disability turns eighteen, you lose the ability to access their bank accounts, sign benefit applications, manage their SSI funds, or handle any financial transaction on their behalf. A durable power of attorney under RSA 564-E restores that authority — voluntarily, without court involvement, and at a fraction of the cost of guardianship.

New Hampshire's Uniform Power of Attorney Act makes every POA durable by default. That means the agent's authority automatically survives the principal's subsequent incapacity unless the document explicitly says otherwise. You don't need special language to make it durable. This is a significant advantage for disability planning: if your child has capacity to sign the document at eighteen but loses capacity later, the POA remains in effect without needing to be re-executed.

Execution Requirements

Under RSA 564-E:105, the durable POA must be:

1. Signed by the principal (the young adult) or signed by another person in the principal's conscious presence and at their direction
2. Acknowledged before a notary public

That's it. New Hampshire does not require subscribing witnesses for a durable financial POA. The notarization is the only execution formality. Compare that to a guardianship petition, which requires a $260 entry fee, a mandatory $30 electronic case-filing surcharge, mandatory electronic filing through TurboCourt, a court-appointed attorney for the proposed ward, personal service of process, and a hearing before a judge.

What the Agent Can Do

The scope of authority depends on what the document grants. A broad POA can cover:

• Managing bank accounts and investment portfolios
• Paying bills and handling day-to-day financial transactions
• Filing tax returns
• Applying for and managing government benefits (SSI, Medicaid, SNAP)
• Managing property (leases, maintenance, repairs)
• Entering into contracts on the principal's behalf

A narrow POA can limit the agent's authority to specific transactions or accounts. For young adults with disabilities, many families execute a broad durable POA to ensure there are no gaps as the person's needs evolve.

The Capacity Question

The principal must have sufficient cognitive capacity to understand the document and the authority being granted at the time of signing. This doesn't mean they need to understand every legal nuance. It means they need to grasp the basic concept: "I'm giving this person permission to handle my money."

A diagnosis of intellectual disability, autism, or Down syndrome does not automatically disqualify someone from executing a POA. Many young adults with these conditions can understand the concept of delegation, especially when the document is explained in plain language by someone they trust.

If there's any doubt about capacity at the time of signing, consider having the notarization witnessed by a professional who can testify to the principal's understanding if the document is ever challenged. Some attorneys include a brief capacity memo in the file as standard practice.

When a POA Isn't Enough

A durable POA covers financial matters only. It doesn't give the agent authority over:

• Medical decisions: You need a Health Care Advance Directive under RSA 137-J
• Educational decisions: An educational representative delegation under Ed 1120.01 handles IEP rights
• Daily living choices: A Supported Decision-Making agreement under RSA 464-D covers non-financial, non-medical decisions

And if your child truly cannot understand the delegation of authority — not just financial complexity, but the basic concept of giving someone permission — then a POA isn't legally available. A court-supervised arrangement such as guardianship may be necessary for financial management.

Banks and the POA

New Hampshire banks are legally required to accept a properly executed durable POA unless they have a reasonable basis to believe it's invalid or that the agent is acting improperly. In practice, some banks ask the agent to complete the bank's own internal POA or authorization form in addition to the statutory document. This is legally debatable but common enough that families should prepare for it.

Bring the original notarized POA to every financial institution where the principal has an account. Setting up the agent's access before a crisis arises — rather than presenting the document for the first time during an emergency — avoids delays and friction.

For a complete guide to coordinating a durable POA with healthcare directives, SDM agreements, and guardianship planning — including timing recommendations for the months before your child's eighteenth birthday — see the New Hampshire Adult Guardianship & Alternatives Guide.

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