DURABLE FINANCIAL POWER OF ATTORNEY

(New Hampshire – RSA 564-E Compliant)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Attachment A – Statutory Reference Chart (Informational)

[// GUIDANCE: Text appearing in ALL-CAPS BRACKETS (e.g., [PRINCIPAL NAME]) must be customized before execution. Strategic drafting notes appear in green comments like this one.]

I. DOCUMENT HEADER

1. Title. Durable Financial Power of Attorney (the “Power” or “POA”).
2. Parties.
   a. Principal: [PRINCIPAL NAME], residing at [ADDRESS] (“Principal”).
   b. Agent: [AGENT NAME], residing at [ADDRESS] (“Agent”).
   c. Alternate Agent(s) (if any): [ALTERNATE AGENT NAME(S)].
3. Effective Date. This Power is effective on [EFFECTIVE DATE], or, if left blank, upon execution.
4. Durability Statement. Pursuant to N.H. Rev. Stat. Ann. (“RSA”) 564-E:104, the authority granted herein shall not be affected by the subsequent incapacity of the Principal.
5. Governing Law. This instrument is governed by the New Hampshire Uniform Power of Attorney Act, RSA 564-E:101 et seq., and other applicable New Hampshire law (“State Power of Attorney Law”).
6. Recitals.
   WHEREAS, Principal desires to delegate certain financial and property management powers to Agent; and
   WHEREAS, Agent accepts such delegation subject to the fiduciary duties imposed by law and this instrument;
   NOW, THEREFORE, Principal executes this Durable Financial Power of Attorney as follows:

II. DEFINITIONS

For ease of reference, capitalized terms carry the meanings set forth below. Undefined terms have the meanings given in RSA 564-E.

“Act” means the New Hampshire Uniform Power of Attorney Act, RSA 564-E:101 et seq.

“Agent” includes any successor or co-agent duly appointed under this Power.

“Assets Under Management” means all property subject to the Agent’s authority at any given time.

“Fiduciary Duty” means the duties described in RSA 564-E:114-:117 and Section V below.

“Incapacity” has the meaning set forth in RSA 564-E:102(V).

“Limited Arbitration” has the meaning set forth in Section VIII.3.

“Probate Court” means the [COUNTY] Probate Court of the State of New Hampshire.

III. OPERATIVE PROVISIONS

1. Grant of Authority. Principal grants Agent authority to act for Principal with respect to the powers initialed below. A blank line means the power is not granted.

☐ Real Property Transactions
☐ Tangible Personal Property
☐ Stocks & Bonds
☐ Banking & Other Financial Institutions
☐ Business Operations
☐ Insurance & Annuities
☐ Estates, Trusts & Beneficiary Transactions
☐ Claims & Litigation
☐ Personal & Family Maintenance
☐ Governmental Benefits
☐ Retirement Plans
☐ Taxes
☐ Digital Assets
☐ All Preceding Powers (check for full authority)

[// GUIDANCE: Mirroring RSA 564-E:204-:217. Add or strike through categories as desired.]

2. Special Instructions & Limitations.
   a. Agent may NOT make or change a beneficiary designation without written consent of Principal or court order.
   b. Self-dealing. Agent shall not transfer Principal’s property to Agent except for reasonable reimbursement or as expressly authorized herein.
   c. Gifting. Maximum aggregate annual gifts may not exceed the federal annual exclusion amount per donee.
   d. Real Estate Conveyances require co-signature of [CO-SIGNATORY OR “NONE”].
3. Authority of Multiple Agents. (Check One)
   ☐ Joint ☐ Independent ☐ Sequential in the order listed above.
4. Nomination of Guardian/Conservator. Principal nominates Agent to serve as guardian of the estate and/or person if protective proceedings commence.
5. Reliance on this Power. Third parties may rely on the notarized original or a certified copy and are indemnified per Section VII.

IV. REPRESENTATIONS & WARRANTIES

1. Principal represents that:
   a. Principal is at least 18 years old and of sound mind.
   b. No other power of attorney conflicting with this Power is in force, or if any exists, it is revoked upon effectiveness of this instrument.
2. Agent represents, upon acceptance, that:
   a. Agent is eligible under RSA 564-E and has not been convicted of a felony involving dishonesty.
   b. Agent will exercise the authority granted solely for the benefit of Principal and in accordance with statutory Fiduciary Duty.
3. Survival. The representations and warranties in this Section survive revocation or termination of the Agent’s authority.

V. COVENANTS & RESTRICTIONS

1. Fiduciary Duties. Agent shall:
   a. Act in good faith, within the scope of authority, and in Principal’s best interest;
   b. Keep accurate records and provide an accounting upon reasonable request or annually, whichever first occurs;
   c. Maintain separation of Principal’s and Agent’s property;
   d. Preserve the estate plan of Principal when known and consistent with Principal’s objectives and best interest.
2. Compliance. Agent shall comply with all applicable federal and state laws, including tax-filing obligations arising from acts taken.
3. Notice & Cure. Upon learning of any actual or potential breach, Agent must notify Principal (or legal representative) within five (5) business days and cure within fifteen (15) business days where curable.

VI. DEFAULT & REMEDIES

1. Events of Default. Any of the following constitute an “Event of Default”:
   a. Breach of Fiduciary Duty;
   b. Acting outside the scope of authority;
   c. Failure to provide an accounting within thirty (30) days after written demand;
   d. Criminal indictment relating to dishonesty or financial misconduct.
2. Remedies. Upon an Event of Default, Principal or an interested person may:
   a. Revoke Agent’s authority per Section VI.3;
   b. Seek injunctive relief to prevent ongoing harm;
   c. Recover damages, including lost profits and reasonable attorneys’ fees;
   d. Petition the Probate Court for accounting, surcharge, or other fiduciary remedies.
3. Revocation Procedures.
   a. Method. Principal may revoke by (i) a later-dated written instrument, (ii) physical destruction of all executed originals, or (iii) written notice to Agent and relevant third parties.
   b. Effectiveness. Revocation is effective upon the earlier of actual notice to Agent or recording of the revocation instrument, if applicable.
   c. Statutory Termination. This Power terminates automatically under RSA 564-E:110 upon: Principal’s death; full revocation; appointment of conservator (unless ratified); or as otherwise provided by law.

VII. RISK ALLOCATION

1. Indemnification.
   a. By Principal. Principal shall indemnify and hold harmless any third party who, in good-faith reliance on this Power, conducts transactions with Agent, provided such third party verifies Agent’s identity and authority.
   b. By Agent. Agent shall indemnify and hold harmless Principal from losses, liabilities, and expenses arising from Agent’s breach of Fiduciary Duty or gross negligence.
2. Limitation of Liability. Except in cases of willful misconduct or gross negligence, Agent’s aggregate liability shall not exceed the value of the Assets Under Management at the time the liability accrues.
3. Insurance. Agent may, at Principal’s expense, procure fiduciary liability insurance to cover acts taken under this Power.
4. Force Majeure. Agent shall not be liable for failure to act due to events beyond reasonable control, including natural disasters, governmental shutdowns, or system failures, provided Agent acts diligently once the event ceases.

VIII. DISPUTE RESOLUTION

1. Governing Law. This instrument and all acts hereunder are governed by the State Power of Attorney Law and other laws of the State of New Hampshire, without regard to conflict-of-laws principles.
2. Forum Selection. Exclusive jurisdiction and venue lie in the Probate Court, except as provided in Paragraph 3 below.
3. Limited Arbitration. The parties may, after a dispute arises, voluntarily submit accounting or fee disputes (but not fiduciary misconduct allegations) to binding arbitration administered by the American Arbitration Association under its Commercial Rules.
4. Jury Waiver. To the fullest extent permitted by law, the parties waive trial by jury in any proceeding relating to this Power, except where such waiver is prohibited by RSA 507:16 or other mandatory law.
5. Injunctive Relief. Nothing herein limits the Probate Court’s equitable jurisdiction to grant temporary or permanent injunctive relief to enforce Fiduciary Duties.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. Principal may amend this Power only by a written instrument executed with the formalities required under RSA 564-E:105. No waiver of any provision is effective unless in a signed writing.
2. Assignment. Agent may not delegate or assign authority except as expressly permitted by RSA 564-E:118 and then only via a written delegation that identifies the delegatee and scope.
3. Successors & Assigns. This Power is binding on the Principal, Agent, their respective heirs, successors, and permitted assigns.
4. Severability. Any invalid provision is severed, and the remainder is enforceable.
5. Integration. This document constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior powers of attorney for financial matters.
6. Counterparts; Electronic Signatures. This Power may be executed in multiple counterparts, each of which is an original, and by electronic signature or notarization in accordance with N.H. RSA 294-E and applicable executive orders.

X. EXECUTION BLOCK

[// GUIDANCE: New Hampshire requires acknowledgment before a notary or justice of the peace (RSA 564-E:105). Witnesses are optional but recommended.]

1. PRINCIPAL

[PRINCIPAL NAME], Principal
Date: ______

State of New Hampshire
County of ___

On this _ day of _, 20____, before me, the undersigned notary public/justice of the peace, personally appeared [PRINCIPAL NAME], satisfactorily proven to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed it for the purposes therein contained.

Notary Public / Justice of the Peace
My Commission Expires: _______

2. AGENT’S ACCEPTANCE

I, [AGENT NAME], accept appointment as Agent under this Power and acknowledge my Fiduciary Duties under RSA 564-E and this instrument.

[AGENT NAME], Agent
Date: ______

3. ALTERNATE AGENT(S) (if any)

I, [ALTERNATE AGENT NAME], accept appointment as Alternate Agent and agree to act only if the preceding Agent is unable or unwilling to serve.

[ALTERNATE AGENT NAME], Alternate Agent
Date: ______

4. OPTIONAL WITNESS ATTESTATION

Witness 1: _____ Date: _
Witness 2: _____ Date: _

[// GUIDANCE: Use disinterested witnesses (not Agent, spouse, or relative) to reduce contest risk.]

ATTACHMENT A – STATUTORY REFERENCE CHART (Informational Only)

• Durability & Effect – RSA 564-E:104
• Execution Requirements – RSA 564-E:105
• Validity – RSA 564-E:106
• Effective Date – RSA 564-E:109
• Termination & Revocation – RSA 564-E:110
• Agent Duties – RSA 564-E:114-:117
• Judicial Relief – RSA 564-E:120

[// GUIDANCE: Attachment A is purely for attorney convenience and may be removed from the client-facing version.]

END OF DOCUMENT