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.