A New Mexico Medical Power of Attorney (MPOA) allows any individual (the principal) to specify another individual (the agent) to make health-related decisions on the principal’s behalf if the principal becomes incapacitated.
This document may also be called a New Mexico Durable Power of Attorney for Health Care.
Laws: New Mexico Statutes 24-7A-1 et seq (collectively known as the Uniform Health Care Decisions Act) covers the creation and administration of an MPOA.
After creating a Medical Power of Attorney, you may also be interested in making the following related documents.
- Living Will: This document allows the principal to list treatment preferences for a range of medical conditions that can be carried out if the principal loses their ability to communicate. Both MPOA and living will serve as legal advance healthcare directives.
- NM (Financial) Power of Attorney: This document gives a chosen agent the ability to handle financial, business, and other non-medical matters on behalf of an incapacitated or uncommunicative principal.
How to Fill in a Medical Power of Attorney in New Mexico
Ensure that your Medical Power of Attorney follows the legal requirements of the Uniform Health Care Decisions Act by following these general steps.
Step 1: Choose an agent
Who should you choose as an agent?
The agent is typically a trusted personal or professional associate of the principal who will act in the principal’s best interests under all circumstances.
Remember that this person may be called upon to make difficult decisions that will profoundly impact your wellness and overall quality of life. For these reasons, you should choose an agent who is a mature adult you trust entirely.
Relevant law: 24-7A-1 – Definitions
Who can’t be your agent?
In New Mexico, you cannot appoint as your agent anyone who owns, operates, or works at the healthcare institution you’re being cared for.
This restriction does not apply if they are directly related to you by blood, adoption, or marriage.
Relevant law: 24-7A-2 – Advance health-care directives
Can you have more than one agent?
Yes, to guard against instances in which your initial agent is unwilling, unable, or unavailable to make good and timely decisions, you may designate up to two alternate agents to act on your behalf.
Relevant law: 24-7A-4 – Optional form
Step 2: Specify what healthcare decisions your agent can make
Your agent will have the power to make life and death decisions regarding your healthcare. Carefully consider what restrictions you want to place on them.
Can you limit your agent’s powers?
If you don’t explicitly limit your agent’s powers in writing, that agent will be able to make virtually any healthcare decision on your behalf without restriction.
Specific instructions to consider when drafting a New Mexico Medical Power of Attorney include:
- whether or not to prolong life within the limits of generally accepted healthcare standards
- whether or not to accept artificial nutrition and/or hydration when you are unable to ingest food and/or fluids naturally
- pain relief plans
- anatomical gift designation
Relevant law: 24-7A-4 – Optional form
What is your agent legally unable to do?
New Mexico law prevents your agent from taking any action that fails to follow the instructions outlined in your medical power of attorney form.
If your agent acts against your stated wishes and general best interests, a NM court may strip them of their agent status.
Relevant law: 24-7A-4 – Optional form
When can your agent start making decisions for you?
The MPOA form takes effect when the principal lacks capacity, which is defined by New Mexico law as
an individual’s ability to understand and appreciate the nature and consequences of proposed health care, including its significant benefits, risks and alternatives to proposed health care and to make and communicate an informed health-care decision.
The law also stipulates that
an individual shall not be determined to lack capacity solely on the basis that the individual chooses not to accept the treatment recommended by a health-care provider.
Relevant law: 24-7A-1 – Definitions and 24-7A-11 – Capacity
Step 3: Sign the form
Do you need a witness or notary signatures?
New Mexico law does not require a notary signature on Medical Power of Attorney. Although not mandatory, the signatures of one or two witnesses are recommended.
Relevant law: 24-7A-4 – Optional form
Who can’t be a witness?
Because witnesses are not legally required in New Mexico, the principal is free to choose whomever they wish to serve in this role. Typically, witnesses are adults (18 years or older) unrelated to you.
Relevant law: 24-7A-4 – Optional form
How long is your Medical Power of Attorney effective in New Mexico?
Unless an expiration date is written in the Medical Power of Attorney, it remains valid until the principal’s death.
Relevant law: 24-7A-11 – Capacity
How to Revoke a New Mexico Medical Power of Attorney
You can remove your chosen agent by signing a written revocation of power of attorney or informing a healthcare provider personally.
Relevant law: 24-7A-11 – Capacity and 24-7A-4 – Optional form