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New Hampshire law

Elder Laws in New Hampshire.

New Hampshire elder law covers Medicaid long-term care planning, powers of attorney, advance directives, guardianships through the Circuit Court Probate Division, nursing home resident rights, and adult protective services. New Hampshire follows the federal 60-month Medicaid lookback. New Hampshire's Department of Health and Human Services administers Adult Protective Services. The state criminalizes financial exploitation of elderly, disabled, or infirm adults under specific statutes.

Last verified: 2026-04-17

State law

Key New Hampshire Statutes

GuardianshipRSA Chapter 464-A

Guardianship of incapacitated adults is adjudicated in the Circuit Court Probate Division. Petitioner must prove incapacity by clear and convincing evidence.

Uniform Power of Attorney ActRSA Chapter 564-E

New Hampshire has adopted the Uniform Power of Attorney Act (2017). Powers may be durable and continue through principal's incapacity.

Advance Directive — Living Will and DPA Health CareRSA Chapter 137-J

Authorizes living wills and durable powers of attorney for health care.

Medicaid Long-Term Care42 U.S.C. § 1396p; NH DHHS rules

Federal 60-month lookback on asset transfers. New Hampshire administers Medicaid through DHHS.

Financial Exploitation of Elderly, Disabled, or Impaired AdultRSA 631:10

Criminalizes financial exploitation of elderly (65+), disabled, or impaired adults. Felony penalties escalate based on amount taken.

Adult Protective ServicesRSA Chapter 161-F (Bureau of Elderly and Adult Services)

BEAS investigates reports of abuse, neglect, and exploitation of vulnerable adults. Certain professionals are mandated reporters.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Hampshire.

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