2016 New Hampshire Revised Statutes
Title X - PUBLIC HEALTH
Chapter 137-J - WRITTEN DIRECTIVES FOR MEDICAL DECISION MAKING FOR ADULTS WITHOUT CAPACITY TO MAKE HEALTH CARE DECISIONS
Section 137-J:37 - Limitations of Surrogacy.
I. A surrogate shall not be identified over the express objection of the patient, and a surrogacy shall terminate if at any time a patient for whom a surrogate has been appointed expresses objection to the continuation of the surrogacy.
II. No physician or APRN shall be required to identify a surrogate, and may, in the event a surrogate has been identified, revoke the surrogacy if the surrogate is unwilling or unable to act.
III. A physician or APRN may, but shall not be required to, initiate guardianship proceedings or encourage a family member or friend to seek guardianship in the event a patient is determined to lack capacity to make health care decisions and no guardian, agent under a health care power of attorney, or surrogate has been appointed or named.
IV. Nothing in this chapter shall be construed to require a physician or APRN to treat a patient who the physician or APRN reasonably believes lacks health care decision-making capacity and for whom no guardian, agent, or surrogate has been appointed.
V. The surrogate may make health care decisions for a principal to same extent as an agent under a durable power of attorney for health care for up to 90 days after being identified in RSA 137-J:35, I, unless the principal regains health care decision-making capacity or a guardian is appointed or patient is determined to be near death, as defined in RSA 137-J:2, XVI. The authority of the surrogate shall terminate after 90 days.
Source. 2014, 239:12, eff. Jan. 1, 2015.
Disclaimer: These codes may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.