Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

You can find a fill-in-the-blank power of attorney template for New Mexico by clicking here.

In New Mexico, creating a power of attorney (POA) is governed by the Uniform Power of Attorney Act, which is codified in Chapter 45, Article 5B of the New Mexico Statutes. To make a valid power of attorney in New Mexico, an individual should follow these key steps and requirements:

First, the principal (the person granting the power of attorney) must be at least 18 years old and have the mental capacity to understand the nature and consequences of creating a power of attorney. The document must be in writing and clearly identify the principal and the agent (the person who will act on behalf of the principal).

The power of attorney document should specify the powers being granted to the agent. These can be general powers or limited to specific actions or decisions. It is important to be clear and specific about the scope of authority being given to the agent.

According to New Mexico law, a power of attorney must be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney. The signature must be notarized by a notary public to be considered valid.

It is worth noting that New Mexico does not require witnesses for a power of attorney to be valid. However, having witnesses can provide additional evidence of the principal’s capacity and intent if the document is ever challenged in court.

For a durable power of attorney, which remains in effect even if the principal becomes incapacitated, the document must contain language that expressly states the power of attorney is durable. This can be done by including a phrase such as “This power of attorney shall not be affected by subsequent disability or incapacity of the principal.”

Once the power of attorney document is completed, signed, and notarized, it is advisable to provide copies to relevant parties, such as financial institutions or healthcare providers, depending on the scope of the powers granted. The original document should be kept in a safe place accessible to the agent when needed.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.