Free New Mexico Power of Attorney Forms

You’ll need a specific type of NM POA to achieve your estate planning goals. Review the different types to find the one that’s best for you.

Durable vs. Non-Durable

A durable power of attorney in New Mexico remains valid through your incapacity. The agent keeps their decision-making powers if you can no longer act for yourself. Meanwhile, a non-durable power of attorney in New Mexico is only valid while you (the principal) are competent.

Powers of attorney in New Mexico are presumed to be durable unless the document states otherwise (NM Stat § 45-5B-104). If you want your agent’s authority to expire upon your incapacity, state so in your POA document.

Financial

A financial POA in New Mexico lets the agent step in for certain financial transactions. You can grant your agent broad powers over your financial affairs or specify what they can and cannot do. For example, you can allow them to pay specific bills, conduct property transactions, or manage your bank accounts.

Medical

An NM health care POA is one element of an advance health care directive, which also incorporates a living will. New Mexico governs medical POAs differently from traditional POAs. NM Stat § 45-5B-103 excludes health care decisions from the Uniform POA Act. Instead, NM Stat § 24-7A-2 is the governing statute.

When you create a health care power of attorney in New Mexico, you can let a trusted agent make medical decisions if you’re unconscious or otherwise can’t act for yourself. A medical POA is distinguishable from a durable POA, which only covers financial and legal matters.

Durable (Financial)

Authorize another person or entity to manage your affairs even if you become incapacitated.

Signing Requirements: Notary public (§ 231.105).

Medical

Put in place a medical care plan to be followed should you lose capacity to make decisions.

Signing Requirements: Two witnesses are recommended but not required. (§ 24-7A-4(Part 3)).

Limited (Special)

Use for specific, limited transactions and so the representation ends upon completion of the transaction.

Signing Requirements: Notary public (§ 231.105).

Non-Durable (General)

Appoint a trusted third party (agent) to manage your financial decisions and transactions.

Signing Requirements: Notary public.

Springing

“Springs” into effect in a certain situation, and ends at a time you specify.

Signing Requirements: Notary public.

Vehicle (Form MVD-11020)

Appoint another to take care of your vehicle titling and registration issues.

Signing Requirements: Notary public.

Real Estate

Grants an agent the authority to deal with the principal's property concerns.

Signing Requirements: Notary public.

Minor (Child)

Grants limited time care authority for a child's health and education.

Signing Requirements: Notary public.

Revocation

Use to nullify an existing power of attorney.

Signing Requirements: Notary public (§ 45-5B-105).

Writing a power of attorney in New Mexico helps you outline your preferences for your agent’s control. Learn how to write an NM POA document that meets your needs:

1. Name the principal: Provide the principal’s name, address, and contact details.
2. Identify the agent: List the agent’s name, address, and contact details. Specify if your agent will have a co-agent. You can also name successor agents if desired.
3. Assign powers: Decide on general authority, like managing real and personal property. Also, grant permission for any acts that require special authority under NM Stat § 45-5B-201.
4. Establish the effective date: A New Mexico POA is effective when executed unless otherwise stated (NM Stat § 45-5B-109). If you want the POA to become effective when a certain event happens, list it in your document.
5. Declare the durability: Unless you want the document to be automatically durable, specify that it expires upon your incapacity.
6. Sign: The principal must sign the POA to execute it. The agent doesn’t need to sign, although they can do so to show acceptance of their duties.

A New Mexico power of attorney must follow state laws to be legally valid. Explore some of the key considerations to make when writing yours.

Notarization

You don’t need to get your New Mexico power of attorney notarized, but it can improve the document’s validity. NM Stat § 45-5B-105 states that signing before a notary public means that the signature is presumed to be genuine. Consider seeking notary acknowledgment for your NM POA.

Filing

You don’t need to file most powers of attorney in New Mexico. The exception is that any POA for conveying real estate must be filed with the county clerk’s office where the property is located (NM Stat § 47-1-7).

Revocation

An NM POA is no longer effective when any of these actions occur (per NM Stat § 45-5B-110):

1. The principal dies
2. The principal develops an incapacity (only if the POA is non-durable)
3. The principal revokes the POA
4. The POA states that it terminates upon a certain act and the act occurs
5. The POA fulfills its purpose
6. The principal revokes the agent’s power
7. The agent dies or becomes incapacitated

An agent’s authority terminates under specific conditions:

1. The principal revokes their power
2. The agent resigns, develops an incapacity, or dies
3. The agent or principal files for divorce or legal separation unless the POA states otherwise (only applies if the agent and principal are married to each other)
4. The POA terminates

Depending on how many agents the POA names, the document itself can remain valid even if one agent’s authority is terminated. Any actions taken by the agent before receiving notice of their termination will generally remain valid.