RSA 137-J:15 · Revocation

137-J:15 Revocation. –

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I.

An advance directive consistent with the provisions of this chapter shall be revoked:

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(a)

By written revocation delivered to the agent or surrogate or to a health care provider or residential care provider expressing the principal's intent to revoke, signed and dated by the principal; by oral revocation in the presence of 2 or more witnesses, none of whom shall be a person disqualified from acting as a witness under RSA 137-J:14, I(a); or by any other act evidencing a specific intent to revoke the power, such as by burning, tearing, or obliterating the same or causing the same to be done by some other person at the principal's direction and in the principal's physical presence;

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(b)

By execution by the principal of a subsequent advance directive; or

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(c)

By the filing of an action for divorce, legal separation, annulment or protective order, where both the agent and/or the surrogate, and the principal are parties to such action, except when there is an alternate agent designated, in which case the designation of the primary agent shall be revoked and the alternate designation shall become effective. Re-execution or written re-affirmation of the advance directive following a filing of an action for divorce, legal separation, annulment, or protective order shall make effective the original designation of the primary agent under the advance directive.

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(d)

[Repealed.]

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II.

A principal's health or residential care provider who is informed of or provided with a revocation of an advance directive or surrogacy shall immediately record the revocation, and the time and date when the revocation was received, in the principal's medical record and notify the agent, the attending practitioner, and staff responsible for the principal's care of the revocation. An agent who becomes aware of such revocation shall inform the principal's health or residential care provider of such revocation. Revocation shall become effective upon communication to the attending practitioner. Source. 2006, 302:2. 2009, 54:4. 2014, 239:11, eff. Jan. 1, 2015. 2017, 178:2, eff. Jan. 1, 2018. 2020, 39:36, eff. Jan. 1, 2021. 2021, 176:5, eff. July 30, 2021.

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