A New Mexico durable power of attorney is a legal document that allows an individual (the “principal”) to appoint another person (the “agent”) to manage their financial decisions and affairs while they are alive.
As per state law, the agent, often a spouse or family member named as a beneficiary in the principal’s last will and testament, gains immediate authority upon signing the document. The agent is required to present the document whenever utilizing the granted powers.
In New Mexico, power of attorney forms are durable by default.
- Relevant Laws: §§ 45-5B-101 — 45-5B-403 (Uniform Power of Attorney Act).
- Presumed Durable: Yes. § 45-5B-104.
- Signing: Signature required.
- Notarization: A signature is considered authentic if signed in front of and acknowledged by a notary public or other authorized official. § 45-5B-105.
- Statutory Form: Yes — § 45-5B-301.