Definitions
A "living will" is a document which, when duly executed, contains the express direction that no life sustaining procedures be taken when the person executing said document is in a terminal condition or is permanently unconscious, without hope of recovery from such condition and is unable to actively participate in the decision making process.
A "qualified patient" is a patient who has executed a declaration in accordance with the statutory provisions and who has been diagnosed and certified in writing to be in a terminal condition or permanently unconscious by 2 physicians who have personally examined the patient. One of the physicians must be the attending physician.
A "terminal condition" is an incurable condition caused by injury, disease, or illness which is such that death is imminent and the application of life sustaining measures would, within the reasonable medical judgment of the attending physician and a consulting physician, only postpone the moment of death.
"Permanently unconscious" is a lasting condition, indefinitely and without change, in which thought, awareness of self and environment, and all other indicia of consciousness are absent as determined by the attending physician and a consulting physician.
"Artificial nutrition and hydration" means invasive procedures such as nasogastric tubes; gastrostomy tubes; intravenous feeding or hydration; and hyperalimentation. This does not include sustenance (the natural ingestion of food or fluids by eating and drinking).
The Declaration
A person of sound mind who is 18 years of age or older may execute at any time a document commonly known as a living will, directing that no life sustaining procedures be used to prolong his life when he is in a terminal condition or is permanently unconscious. The document shall only be effective if the person is permanently incapable of participating in decisions about his care.
Form
The statutory form is not required, but the form used must be, "in form and substance," substantially like the statutory form.
Execution and Witnesses
A Declaration or Living Will must be executed by the person making it in the presence of at least two subscribing witnesses. The witnesses may not be the person's spouse, heir at law, attending physician or a person acting under the direction or control of the attending physician or any other person who has any claims against the estate of the person.
The declaration must be acknowledged pursuant to the provisions of RSA 456 or RSA 456-A.
If the person making the document is a resident of a health care facility or patient in a hospital, no more than one witness may be the health care provider or such provider's employee.
Revocation
A living will may be revoked:
(1) By burning, tearing or obliterating it or causing that to be done by some other person at the declarant's direction and in the declarant's presence;
(2) By oral revocation in the presence of at least two witnesses, none of whom shall be the person's spouse or heir at law; or
(3) By written revocation, signed and dated in the presence of at least two witnesses, none of whom shall be the person's spouse or heir at law, expressing the intent to revoke.
Revocation is effective upon communication to the attending physician. The attending physician must record in the patient's medical record the time and date when he/she received notification.
Section 137-H:4: The document set forth in RSA 137-H:3 shall be executed by the person making the same in the presence of 2 or more subscribing witnesses, none of whom shall be the person's spouse, heir at law, attending physician or person acting under the direction or control of the attending physician or any other person who has at the time of the witnessing thereof any claims against the estate of the person, and shall be acknowledged pursuant to the provisions of RSA 456 or RSA 456-A. If the person making the document is a resident of a health care facility or patient in a hospital, no more than one witness may be the health care provider or such provider's employee.
Section 137-H:5: An attending physician who is requested to do so by the person executing the living will shall make such document or a copy of such document a part of that person's permanent medical record.
Section 137-H:6:
I. An attending physician and any other physician under his direction or control, having in his possession his patient's living will, or having knowledge that such a duly executed document is part of the patient's record in the institution in which he is receiving care, or who has been notified of the existence of a declaration executed under this chapter, shall follow as closely as possible within the bounds of responsible medical practice, the dictates of said document. In addition, the attending physician or any other physician under his control or direction who becomes aware, pursuant to this section, of such a document shall, without delay, take the necessary steps to provide for written verification of the patient's terminal condition or permanently unconscious condition, so that the patient may be deemed to be a qualified patient under this chapter. However, if a physician, because of his personal beliefs or conscience, is unable to comply with the terms of the declaration, he or she shall forthwith so inform the patient or the patient's family. The qualified patient may, or the family of the qualified patient shall, then request that the case be referred to another physician.
II. An attending physician who, because of personal beliefs or conscience, is unable to comply with the declaration pursuant to this chapter shall, without delay, make the necessary arrangements to effect the transfer of the qualified patient and the appropriate medical records that qualify said patient to another physician who has been chosen by the qualified patient or by the family of the qualified patient.
III. Artificial nutrition and hydration shall not be withdrawn or withheld under this chapter unless there is a clear expression of such intent in the document.
Section 137-H:7:
I. A person who has validly executed a living will consistent with the provisions of RSA 137-H:3 and RSA 137-H:4 may revoke such document in the following manner:a) By burning, tearing or obliterating the same or causing the same to be done by some other person at his direction and in his presence;
(b) By oral revocation in the presence of 2 or more witnesses, none of whom shall be the person's spouse or heir at law; or
(c) By written revocation, to be signed and dated in the presence of 2 or more witnesses, none of whom shall be the person's spouse or heir at law, expressing the intent to revoke.
II. Revocation shall become effective upon communication to the attending physician who shall record in the patient's medical record the time and date when he received notification.
Section 137-H:8: Any person having in his possession a duly executed living will or a revocation thereof, if it becomes known to him that the person executing the same is in such circumstances that the terms of the living will might become applicable, shall forthwith deliver the same to the physician attending the person executing said document or to the medical facility in which said person is a patient.
Section 137-H:9: An attending physician, other physician, nurse, health care professional or any other person acting for him or under his control, or hospital or other medical facility within which the person may be, shall be immune from any civil or criminal liability for any act or intentional failure to act if said act or intentional failure to act is done in good faith and in keeping with reasonable medical standards pursuant to the living will and in accordance with this chapter.
Section 137-H:10:
I. The withholding or withdrawal of life-sustaining procedures from a patient who has executed a living will consistent with the purposes of RSA 137-H:3 shall at no time be construed as a suicide for any legal purpose.
II. Nothing in this chapter shall be construed to constitute, condone, authorize, or approve suicide or permit any affirmative or deliberate act or omission to end one's own life other than to permit the natural process of dying as provided in this chapter.
Section 137-H:11:
I. No physician, health facility, or other health provider, and no health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital service plan shall require any person to execute a living will as a condition for being insured for or receiving health care services; nor shall health care services be refused because a person is known to have executed a living will.
II. The execution of a living will pursuant to RSA 137-H:3 shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining procedures from an insured qualified patient, notwithstanding any term of the policy to the contrary.
Section 137-H:12: This chapter shall not be construed to
create a presumption that in the absence of a living will, a person wants
life-sustaining procedures to be either taken or withdrawn. Nor shall this
chapter be construed to supplant any existing rights and responsibilities
under the law of this state governing the conduct of physicians in
consultation with patients or their families or legal guardians
in the absence of a living will.
Section 137-H:13: Nothing in this chapter shall be construed to constitute, condone, authorize, or approve assisted suicide, mercy killing, or euthanasia, or permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying of those in a terminal condition or a permanently unconscious condition as provided in this chapter.
Section 137-H:14:
I. Nothing in this chapter shall be construed to condone, authorize, or approve the withholding of life-sustaining procedures from or to permit any affirmative or deliberate act or omission to end the life of a pregnant woman by an attending physician when such physician has knowledge of the woman's pregnant condition.
II. Nothing in this chapter shall be construed to condone, authorize, or approve of the arbitrary withholding or withdrawing of life-sustaining procedures from mentally incompetent or developmentally disabled persons.
III. [Repealed.]
Section 137-H:14-a: Nothing in this chapter limits the enforceability of a living will or similar instrument executed in another state or jurisdiction in compliance with the law of that state or jurisdiction. However, any exercise of power under such a foreign living will or similar instrument shall be restricted by and in compliance with the requirements of this chapter and the laws of the state of New Hampshire.
Section 137-H:15: A person who knowingly and falsely makes, alters, forges, or counterfeits, or knowingly and falsely causes to be made, altered, forged or counterfeited, or procures, aids or counsels the making, altering, forging, or counterfeiting, of a living will or revocation with the intent to injure or defraud a person shall be guilty of a class B felony, notwithstanding any provisions in title LXII.
Section 137-H:16: Nothing in this chapter shall impair or supersede any other legal right or responsibility which any person may have to effect life-sustaining procedures in any lawful manner.
Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.
Declaration of Living Will - Statutory
