How to Revoke an Advance Directive in New Hampshire

Life changes — a new diagnosis, a divorce, a falling out with the person you named as agent, or simply a shift in your treatment preferences. Whatever the reason, New Hampshire law makes revoking an advance directive straightforward. You can do it at any time, for any reason, as long as you have decision-making capacity.

Under RSA 137-J:15, there are four recognized methods.

Method 1: Written Revocation

Write a signed, dated statement expressing your intent to revoke the advance directive. Deliver it directly to your designated healthcare agent, any named surrogate, or your healthcare provider.

The written statement doesn't need to follow a specific format — there is no state-mandated revocation form. A simple, clear statement is sufficient: "I, [name], hereby revoke my advance directive dated [date]. Signed on [today's date]."

Keep a copy for yourself and make sure the recipients acknowledge receipt.

Method 2: Oral Revocation

You can revoke your advance directive verbally, but there's a requirement: you must express your intent to revoke in the presence of two or more witnesses. Neither witness can be your spouse or an heir-at-law.

After the oral revocation, notify your healthcare providers and any previously designated agents. An oral revocation is legally effective the moment it's spoken, but providers who haven't been notified may continue to rely on the original document in good faith.

Method 3: Physical Destruction

Intentionally tear, burn, obliterate, or otherwise destroy the physical document. You can also direct another person to destroy it in your presence.

The challenge with this method is practical: if you've distributed copies to your physician, hospital, and healthcare agent, destroying your original doesn't automatically destroy the copies. You'll still need to notify everyone who has a copy that the document is revoked.

Method 4: Execute a New Directive

The cleanest option. Executing a new, valid advance directive under RSA 137-J automatically supersedes and revokes all prior medical directives. You don't need to explicitly mention the old document — the new one replaces it by operation of law.

This is the preferred method when your wishes have changed rather than simply wanting to cancel the old directive. You end up with an updated, enforceable document rather than a void where no directive exists at all.

The Automatic Divorce Revocation

There's one revocation that happens without any action on your part. If you designated your spouse as your healthcare agent and the marriage is subsequently dissolved or annulled, the agent designation is automatically revoked. You don't need to file anything — it happens by operation of law.

However, this only revokes the agent designation, not the entire advance directive. Your Living Will treatment preferences remain in effect. To fully update your planning after a divorce, execute a new advance directive with a new agent designation.

Notifying Your Providers

Regardless of which method you use, notification is critical. Your attending physician, any hospitals where your directive is on file, and your previously designated agent should all be informed. Without notification, providers who act in good faith reliance on the old directive are protected by the immunity provisions of RSA 137-J:12.

If you've uploaded your directive to a hospital's electronic medical records — such as Dartmouth Hitchcock or Southern NH Health — contact their patient records department to update or remove the document.

When You Might Need to Revoke

Common triggers include: naming a new healthcare agent after a relationship change, updating treatment preferences after a new diagnosis, moving to New Hampshire from another state (to replace an out-of-state document with an NH-compliant one), or simply revisiting a directive you completed years ago to reflect your current values.

The New Hampshire Advance Directive & Living Will Kit includes instructions for both executing a new directive and properly revoking a prior one, including a provider notification checklist to ensure all copies are accounted for.

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