Power of Attorney in New Mexico is a legal document or log that gives a representative the power to act on behalf of a principal.
The principal is the person who gives the powers, while the agent or representative is the one upon whom the power is vested.
New Mexico power of attorney forms is filled out to appoint a reliable person to represent the principal’s financial, medical, or business affairs. This document ensures that their interests will be well taken care of if anything happens to the principal.
There are different power of attorney forms in New Mexico, and some become effective when the principal becomes incapacitated, while others are when the principal is unavoidably absent. Be careful to use the appropriate POA document. A principal should appoint a spouse, close family member, or dependable friend as the agent to ensure reliability.
Free Forms
Discover free New Mexico Power of Attorney Forms below by downloading them for legal purposes. These downloadable forms allow you to appoint a trusted individual to act on your behalf in specific situations.
Types of New Mexico POA Forms
There are many types of power of attorney forms available in new Mexico for different situations. It is essential to understand the differences between them to choose the one that works best for you.
The types include:
Durable (Statutory) Power of Attorney
A New Mexico durable power of attorney form allows the principal to select an agent to charge all financial affairs during their lifetime. Usually, the principal appoints a person who will also benefit from their last will to serve as the agent. When this form is signed following the laws of New Mexico state, it becomes valid for use by the representative.
Each time the authority of a New Mexico power of attorney is exercised, the document is presented. It is also advisable that an agent is not chosen based on relationship alone but on how effectively they can handle the principal's affairs.
There are three versions of the durable power of attorney: the standard version 1, the New Mexico state BAR version, and the UNM version. The principal must sign the POA document before a notary public in New Mexico § 45-5B-105.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
The financial POA is a document that allows the principal to appoint an agent to handle his finances and properties. This form differs from the statutory New Mexico power of attorney form because it becomes ineffective when the principal cannot make decisions for himself. The theory behind this is if the principal cannot revoke the document, the document should invalidate itself to guide the principal's interests.
Signing Requirements: The form must be signed before a notary public. (N. M. S. A. 1978, § 45-5B-105).
Statutes – Uniform Power of Attorney Act (§§ 45-5B-101 — 45-5B-403)
Download: Microsoft Word (.docx)
Limited Power of Attorney
As the name implies, this document allows the principal to select a representative who will handle the specific transaction for only a particular period. This form is helpful in cases where the principal has an unfinished real estate deal to close and will not be available to sign the necessary documents. A power of attorney in New Mexico ends as soon as the transaction is completed.
Signing Requirements (N. M. S. A. 1978, § 45-5B-105): The principal and agent must sign the form before a notary public.
This can be found in the Uniform Power of Attorney Act (§§ 45-5B-101 — 45-5B-403)
Download: Microsoft Word (.docx)
Medical Power of Attorney
This document allows principals to express their medical choices and select an agent to implement them. This is common for those dealing with health issues. The principal usually outlines the instructions in advance, and the document directs the medical team to perform the principal's treatment preferences. This document remains valid if they can no longer make decisions for themselves.
Signing Requirements: (§ 24-7A-2(B), § 24-7A-4 (Part 3))
Only the principal is needed to sign in the presence of two other witnesses.
This can be found in the New Mexico Statute – Chapter 24, Article 7A ( Uniform Health Care Decisions)
Laws governing this form
Here are some of the governing laws for a medical power of attorney in New Mexico.
- The agent must be an adult and have the capacity to manage the principal's affairs
- A power of attorney must be put in writing
- The principal must sign the document
- The document becomes effective only when ruled that the principal is incapacitated
- A New Mexico power of attorney must comply with the Uniform Health Care Decisions Act
There are six versions of the medical power of attorney in New Mexico, namely:
- Blue Cross Blue Shield
- Christus Health
- Presbyterian Health Services
- Mental Treatment
- University of New Mexico
- Spanish Version
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
This document allows a parent to give an agent the authority to take care of their child and make decisions on their behalf. This form becomes effective when the parent is unavoidably absent for reasons such as military deployment. The form gives the agent authority to stand as the child's parent and make decisions concerning medical and educational affairs. If the principal has more than one child, a form should be filled out for each child separately.
Laws (45-5-104 NMSA): The document's rules state that a parent can give an agent authority to take care of the child for six months.
Signing Requirements (§ 45-5-104): the form must be signed in the presence of a notary public.
Download: Microsoft Word (.docx)
Revocation Power of Attorney
This document is used to invalidate or reverse a New Mexico power of attorney that has been signed in the past. To change the agreement, the principal has to fill out the form and provide copies to the agent and any other person who has the original power of attorney. The form is not considered revoked if the agent involved is unaware that it has been reversed; thus, they can continue using a power of attorney.
Signing Requirements (§ 45-5B-110): Although it is not compulsory, it is recommended that this form should be signed in the presence of a notary public.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
This form appoints a representative to take care of any affairs related to real estate transactions on behalf of the principal. This transaction can either be buying or selling real estate property. The document requires a public witness to make it effective. The principal may invalidate this document by serving a written notice to the agent.
Signing Requirements (N. M. S. A. 1978, §§ 47-1-7, 45-5B-105) – the form should be signed before a notary public.
This is according to statutes – Uniform Power of Attorney Act (§§ 45-5B-101 — 45-5B-403)
Download: Microsoft Word (.docx)
New Mexico Tax Power of Attorney (Form ACD-31102)
This POA is also referred to as the "Taxation and Revenue Department Tax Information Authorization." The document is used to appoint an agent (a tax attorney or an accountant) to represent the principal in affairs that are related to tax. This document allows the agent to make tax filings and obtain tax information on behalf of the principal.
Signing Requirements – Taxpayer(s)
This can be found in Statute – § 45-5B-216
Download: Microsoft Word (.docx)
Vehicle Power of Attorney (Form MVD-11020)
This form is signed to appoint an agent who will handle the principal's affairs concerned with transactions in the New Mexico Motor Vehicle Division. This power of attorney is limited, so it can only be used to register a motor vehicle for the principal.
Signing requirements (§ 45-5B-105): The principal must sign before a notary public and complete the associated section of the form.
Download: Microsoft Word (.docx)
Springing Power of Attorney
This document comes into effect when an unexpected situation arises and becomes ineffective after the problem has been taken care of. This power of attorney becomes effective at a particular time or when there's an emergency.
Download: Microsoft Word (.docx)
Governing Laws
Laws concerning POA vary according to state. The governing laws for a New Mexico power of attorney include:
- Statutes: Uniform Power of Attorney Act (§ 45-5B-101 — 45-5B-403)
- Specific powers, life-prolonging acts: The agent has the authority granted by the power of attorney health care to make decisions concerning the principal’s health. These decisions include choosing and relieving health care providers, approval of diagnostic tests, surgical procedures, and instructions to provide, withhold or withdraw artificial nutrition and hydration and any other form of treatment that affect the principal’s mental or physical condition.
Legal requirements for DPOA in New Mexico
Following are the legal requirements of durable power of attorney in New Mexico:
- The agent must be an adult. In the case where they are minors, they must be independent and free to make decisions on their own.
- The agreement must be put in writing and signed by the principal.
- A power of attorney becomes effective as soon as it is confirmed the principal is incapacitated.
Revocation of durable power of attorney
- The agreement may be revoked in writing by a person authorized by the POA.
- The writing must inform the health care provider of intentions to revoke.
- If the agent is a spouse of the principal, divorce or legal separation revokes the New Mexico POA of the spouse as an agent. The agreement can be revived if they remarry.
- It can be revoked if the POA does not correspond with an earlier health care directive.
Validity from state-to-state
- The POA is effective only if it is in line with the Uniform Health Care Decisions Act directives. This is required regardless of where the POA was signed and executed.
If a physician unwilling to follow durable power of attorney
- If the health care provider does not agree to comply with health care directives, they must inform the patient or agent. They must continue to care for the patient until another care provider is assigned.
- The health care provider must make efforts and help find another health care provider who agrees to do the job.
Immunity for attending physician
If the health care provider complies with the generally accepted health care policies, he/she is immune to sanctions for any unprofessional conduct.
- Authority: (N. M. S. A. 1978, § 45-5B-201). An agent may act on behalf of the principal and exercise the authority granted by the document.
- Signing requirements: (N. M. S. A. 1978, § 45-5B-105) – Notary Public.
The power of attorney must be signed by the principal, and a legal witness must be present for this. The agent is also required to sign, but it must not be done before a notary public. However, in the case of Agent Certification, a notary public is required (§ 45-5B-105, § 45-5B-302).
- Statutory form: There is a legal power of attorney form provided by the New Mexico state legislature at § 45-5B-301.
New Mexico Power of Attorney Requirements
According to the New Mexico state laws, a power of attorney must have the following requirements to make it valid:
- The principal is the person who relays a power of attorney to the agent. So the principal’s name and contact information should be mentioned in a New Mexico power of attorney.
- The agent’s name and contact information concern the person to whom power has been given to act on behalf of the principal.
- Authority granted to the agent: These are the jurisdictions of the agent, i.e., the decisions the agent can make on behalf of the principal using the power of attorney form.
- Reason for power of attorney: These are reasons why the principal is conveying powers to an agent. It could be because the principal is incapacitated or unavailable. A power of attorney permits the agent to make decisions for the principal.
- The period of POA is the period that a power of attorney lasts. It refers to when a power of attorney becomes effective too when invalidated.
- Principal’s signature: The principal must sign the document to validate it. Without the principal’s signature, the agent cannot use the document.
In New Mexico, it is not compulsory to acknowledge a notary public in your power of attorney document, but it is advisable. A notary public can be helpful when there is legal disagreement because the signature of a notary officer will be considered genuine.
How to Get Power of Attorney in New Mexico?
To get a New Mexico power of attorney, you have to comply with the prerequisites of New Mexico law. For a POA to be effective, it must be in writing and willingly signed by the principal. To become principal, you must be at least 18 years old, and to convey powers concerning health decisions, you must follow the requirements of the Health Care Directive.
Before appointing an agent, talk first to the person you want to assign to handle your affairs about the benefits of a power of attorney. Make the person understand why you need their assistance in using the benefits such as making bank transactions, paying bills, and attending to other daily needs. Ensure that they agree with you and are willing to sign the form appropriately.
Next, find a valid power of attorney form in New Mexico. There are laws concerning approved POA forms, set in the New Mexico Code, Chapter 46B, Section 1-301. You can also get the form online from legal document providers. Finally, complete the New Mexico power of attorney form by filling in the required information stated above.
The form usually outlines eight specific powers granted to you by a power of attorney unless the document states otherwise. An example of such is assigning powers granted by a power of attorney to another person. After you get the attorney of power, you can proceed to notarize the signature of the principal.
Conclusion
A principal has a key role to play in every power of attorney agreement. They are the one who get to pick the agent and delegate power to them. The powers must be clearly outlined in the document. It is advisable that the signing of the documents is done before a notary public, and records should be properly documented for reference. The principal should also be sure to pick someone they trust to act always in good faith.
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