New Hampshire Revised Statutes 137-J:37 – Limitations of Surrogacy
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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 attending practitioner 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. An attending practitioner 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 an attending practitioner to treat a patient who the practitioner 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 the same extent as an agent under a durable power of attorney for health care for up to 180 days after being identified in N.H. Rev. Stat. § 137-J:35, I. The authority of the surrogate shall terminate if the principal regains the capacity to make health care decisions or a guardian is appointed. The authority of the surrogate shall terminate after 180 days, unless the patient is determined to be actively dying.
II. No attending practitioner 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.
Terms Used In New Hampshire Revised Statutes 137-J:37
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
III. An attending practitioner 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 an attending practitioner to treat a patient who the practitioner 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 the same extent as an agent under a durable power of attorney for health care for up to 180 days after being identified in N.H. Rev. Stat. § 137-J:35, I. The authority of the surrogate shall terminate if the principal regains the capacity to make health care decisions or a guardian is appointed. The authority of the surrogate shall terminate after 180 days, unless the patient is determined to be actively dying.