§ 564-E:201 — Authority That Requires Specific Grant; Grant of General Authority

New Hampshire § 564-E:201

• Jurisdiction: New Hampshire
• Title LVI: PROBATE COURTS AND DECEDENTS' ESTATES
• Ch. 564-E: UNIFORM POWER OF ATTORNEY ACT
• Subdivision: ARTICLE 2AUTHORITY

Text

(a) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:
(1) create, amend, revoke, or terminate an inter vivos trust;
(2) make a gift, except the agent may not make a gift that will leave the principal without sufficient assets or income to provide for the principal's care without relying on Medicaid, other public assistance or charity unless the power of attorney expressly grants such authority or unless the gift is approved in advance by the court upon a determination that the gift is authorized in accordance with RSA 564-E:116(g);
(3) create or change rights of survivorship;
(4) create or change a beneficiary designation;
(5) delegate authority granted under the power of attorney;
(6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
(7) exercise a fiduciary power that the principal has authority to delegate to the extent that the principal specifically and expressly delegates such power to the agent; or
(8) exercise authority over the content of electronic communications sent or received by the principal pursuant to RSA 554-A:9.
(b) Notwithstanding a grant of authority to do an act described in subsection (a):
(1) an agent may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property by gift unless the power of attorney otherwise provides or unless the gift is approved in advance by the court upon a determination that the gift is authorized in accordance with RSA 564-E:116(g); and
(2) an agent (other than an agent that is an ancestor, spouse, or descendant of the principal) may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property by any manner other than a gift, including, without limitation, by right of survivorship, beneficiary designation, or disclaimer, unless the power of attorney otherwise provides.
(c) Subject to subsections (a), (b), (d), and (e), if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in RSA 564-E:204 through RSA 564-E:216.
(d) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to RSA 564-E:217.
(e) Subject to subsections (a), (b), and (d), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
(f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.
(g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.

Legislative History

2017, 178:1, eff. Jan. 1, 2018. 2021, 206:2, Pt. VI, Sec. 5, eff. July 1, 2021.