PROBATE COURTS AND DECEDENTS' ESTATES
UNIFORM POWER OF ATTORNEY ACT
564-E:114 Agent's Duties.
(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:
(1) act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest;
(2) act in good faith; and
(3) act only within the scope of authority granted in the power of attorney.
(b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:
(1) act loyally for the principal's benefit;
(2) act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest;
(3) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;
(4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal; and
(5) cooperate with a person that has authority to make health-care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest.
(c) An agent that acts in good faith is not liable to any beneficiary of the principal's estate plan.
(d) An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.
(e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.
(f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.
(g) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person.
(h) Except as otherwise provided in the power of attorney, if any of the persons designated in RSA 564-E:116(a) makes a written request of the agent to submit an accounting or to report his, her or its acts as agent, then the agent shall comply within 60 days after the request was made. If the agent has not submitted an accounting or report within the 60-day period, then the person making such a request may petition the court to compel the agent to comply. The 60-day period shall be shortened to 7 days if the decision at issue relates to a decision affecting health care. The time limit in this subsection may be shortened by court order for good cause.
Source. 2017, 178:1, eff. Jan. 1, 2018.