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.

NH Rev Stat § 137-J:37 (2016) What's This?
    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.

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