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2018 Changes to the New Hampshire Power of Attorney Law

2018 Power of Attorney Laws in New Hampshire

Effective January 1, 2018, there are several changes occurring to the New Hampshire Power of Attorney Law which are pertinent for all real estate agents to know and get familiar with.  These changes will directly impact title insuring through a means of various instruments implemented by an agent through power of attorney. Below is an overview of the major changes made to the New Hampshire Power of Attorney Law.

The first major change to the New Hampshire Power is that the statutes were repealed. You can reference NH RSA 506.6 for more information.
There were also significant changes made to NH RSA 564-E104 in regards to durability. There is not a rule of default that durability of power of attorney is presumed “unless the power of attorney expressly provides that it is terminated by the incapacity of the principal.”

Another significant change to the New Hampshire Power of Attorney Law is in regards to the powers that can be given to the agent. The changes will now provide authority for the principal to reference categories of powers to the agent by means of the statute NH RSA 564-E202, 204-217. This simply means that the way in which the power of attorney is worded could authorize the agent with the ability to buy, lease, convey, mortgage, sell, etc. any “real property” that belongs to the principal. In short, it allows the agent to be in charge of any and all acts in regards to a real property that are outlined in NH RSA 564-E204. Also, this change could also allow the power of attorney to permit the agent with the ability to complete all of the acts that a principal could do, as outlined in NH RSA 564-E:204 through NH RSA 564-E:217.

Modifications
The last major change of the New Hampshire Power of Attorney Law deals with modifications to notices to both the principal and the agent. The prior Law provided limitations in the form of a carve-out, stating that it limited powers of attorney, regardless of whether they were durable or non-durable. However, the changes as of January 1, 2018, still provides a carve-out although limiting the powers of attorney despite whether they are durable or non-durable, however, this does not include general non-durable powers of attorney.

The provision for notices has also changed, in addition to creating a highly compliant provision for the notices as well. You can read further details about this provision in NH RSA 564-E:113(a). However, the gist of the provision is that it removes any doubt in regards to a typographical error or any other concern that might otherwise void out or invalidate the power of attorney. This is because the provision clearly states that the principal is granting the powers “in substantially the following form,” meaning that however the wording is, is what is implied regardless of errors.

Hopefully, this overview can help with the understanding of the changes that will be effective as of January 1, 2018. For question regarding these new laws, contact Nicosia and Associates Powers of Attorneys in MA.

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Peter Nicosia
Peter Nicosia
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The law firm of Nicosia & Associates, P.C. serves Merrimack Valley businesses, families and individuals for Business Law, Construction Law, Real Estate Law, Condominium Law, Civil Litigation, Estate Planning, Municipal, Law and Personal Injury Law in Massachusetts and New Hampshire, including such communities as Lowell MA Chelmsford MA, Tewksbury MA, Methuen MA, Dracut MA, Dunstable MA, Townsend MA, Pepperell MA, Tyngsboro MA, Westford MA, Acton MA, Littleton MA, Concord MA, Carlisle MA, Lawrence MA, Groton MA, Haverhill MA, Andover MA, North Andover MA, Billerica MA, Worcester MA, Burlington MA, Wilmington MA, Nashua NH, Pelham NH, Hudson, NH Salem NH, Manchester NH Middlesex County, Essex County, Suffolk County, Hillsborough County, Merrimack County, Belknap County and Rockingham County, Worcester MA and Boston MA.