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New Mexico Power of Attorney Form

Published Dec 16, 2025

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A New Mexico Power of Attorney is a legal instrument granting an agent authority to manage financial or healthcare decisions on behalf of a principal.

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What type of Power of Attorney do you want to create?

General Power of Attorney Limited/Special Power of Attorney Durable Power of Attorney Springing Power of Attorney Medical/Healthcare Power of Attorney

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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NEW MEXICO POWER OF ATTORNEY FORM

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act, New Mexico Statutes Annotated (NMSA) 1978, Sections 45-5B-101 through 45-5B-403.

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

I. DESIGNATION OF AGENT

I, the Principal, name the following person as my agent:

Name of Principal:
Address of Principal:

Name of Agent:
Address of Agent:
Agent's Telephone Number:

II. DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

Designate a Successor Agent

If my agent is unable or unwilling to act for me, I name as my successor agent:

Name of Successor Agent:
Address of Successor Agent:
Successor Agent's Telephone Number:

Designate a Second Successor Agent

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

Name of Second Successor Agent:
Address of Second Successor Agent:
Second Successor Agent's Telephone Number:

III. GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act, NMSA 1978, Sections 45-5B-101 through 45-5B-403.

(Check the boxes of the subjects you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may check "All Preceding Subjects" instead of checking each subject.)

Real Property

Tangible Personal Property

Stocks and Bonds

Commodities and Options

Banks and Other Financial Institutions

Operation of Entity or Business

Insurance and Annuities

Estates, Trusts, and Other Beneficial Interests

Claims and Litigation

Personal and Family Maintenance

Benefits from Governmental Programs or Civil or Military Service

Retirement Plans

Taxes

All Preceding Subjects

IV. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have CHECKED the specific authority listed below:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death.)

Create, amend, revoke, or terminate an inter vivos trust

Make a gift, subject to the limitations of the Uniform Power of Attorney Act, NMSA 1978, Section 45-5B-217, and any special instructions in this power of attorney

Create or change rights of survivorship

Create or change a beneficiary designation

Authorize another person to exercise the authority granted under this power of attorney

Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

Exercise fiduciary powers that the principal has authority to exercise

Disclaim or refuse an interest in property, including a power of appointment

V. LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

VI. SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines.

Special Instructions:

VII. EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

VIII. NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)

Nominate a Conservator or Guardian?

If it becomes necessary for a court to appoint a conservator or guardian of my estate or guardian of my person, I nominate the following person(s) for appointment:

Nominee's Name:
Nominee's Address:
Nominee's Telephone Number:

IX. RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

X. SIGNATURE AND ACKNOWLEDGMENT

By signing below, I declare that I am the Principal, and I execute this Power of Attorney as my free and voluntary act for the purposes expressed herein.

PRINCIPAL

Signature: _________________________

Print Name: _______________

Date:

Address: _______________

Include Notary Public Section?

XI. NOTARY ACKNOWLEDGMENT

State of New Mexico
County of

This instrument was acknowledged before me on , by _______________ (Name of Principal).

Signature of Notarial Officer: _________________________

(Seal, if any)

Title (and Rank):

My Commission Expires:

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;
Act in good faith;
Do nothing beyond the authority granted in this power of attorney; and
Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:
(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

Act loyally for the principal's benefit;
Avoid conflicts that would impair your ability to act in the principal's best interest;
Act with care, competence, and diligence;
Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and
Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

Death of the principal;
The principal's revocation of the power of attorney or your authority;
The occurrence of a termination event stated in the power of attorney;
The purpose of the power of attorney is fully accomplished; or
If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act, NMSA 1978, Sections 45-5B-101 through 45-5B-403. If you violate the Uniform Power of Attorney Act, NMSA 1978, Sections 45-5B-101 through 45-5B-403, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

Include Agent's Certification Form?

AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

(Optional, but recommended for acceptance by financial institutions)

State of New Mexico
County of

I, _______________ (Name of Agent), certify under penalty of perjury that _______________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated .

I further certify that to my knowledge:

(1) The Principal is alive and has not revoked the Power of Attorney or my authority;

(2) The Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(3) If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(4) If I was named as a successor agent, the prior agent is no longer able or willing to serve; and

(5)

AGENT

Signature: _________________________

Print Name: _______________

Date:

Address: _______________

Telephone Number: _______________

NOTARY ACKNOWLEDGMENT FOR AGENT CERTIFICATION

State of New Mexico
County of

This instrument was acknowledged before me on , by _______________ (Name of Agent).

Signature of Notarial Officer: _________________________

(Seal, if any)

Title (and Rank):

My Commission Expires:

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What is a New Mexico Power of Attorney Form?

A New Mexico Power of Attorney Form is a legal instrument that allows an individual, referred to as the principal, to delegate legal authority to another person, known as the agent or attorney-in-fact. This document enables the appointed agent to manage specific affairs on behalf of the principal, ranging from financial transactions and property management to healthcare decisions. Residents of New Mexico utilize this tool to ensure their personal and business matters continue without interruption during periods of absence, illness, or incapacitation. The document operates under the strict guidelines of state statutes to ensure the protection of the principal's interests and the validity of the agent's actions.

Types of New Mexico Power of Attorney Forms

New Mexico law recognizes various forms of delegated authority, each designed to address specific needs and durations of validity:

General Power of Attorney - Grants the agent broad authority to handle financial and business affairs but typically terminates if the principal becomes incapacitated or mentally incompetent.
Durable Power of Attorney - Contains specific language stating that the agent's authority continues or takes effect upon the incapacity of the principal, ensuring management continuity.
Limited Power of Attorney - Restricts the agent's authority to specific transactions, such as selling a particular piece of real estate or handling a single business deal, often for a set timeframe.
Medical Power of Attorney - Designates an agent to make healthcare decisions for the principal if they are unable to communicate their own wishes, often created under the Uniform Health-Care Decisions Act.
Parental Power of Attorney - Allows a parent or guardian to temporarily delegate caregiving authority regarding a minor child's education and medical care to another adult for a period usually not exceeding six months.
Tax Power of Attorney - Authorizes a representative, such as a CPA or tax attorney, to handle tax filings and communicate with the New Mexico Taxation and Revenue Department on behalf of the taxpayer.

Legal Requirements for Validity

For a New Mexico Power of Attorney Form to be legally binding and enforceable, it must adhere to specific execution standards set forth by state law:

Mental Capacity - The principal must be of sound mind and understand the nature and consequences of the document at the time of signing.
Written Format - The authorization must be in writing to be recognized by courts and third parties such as banks or hospitals.
Notarization - Financial powers of attorney generally require the principal's signature to be acknowledged by a notary public to be presumed genuine (NMSA 1978, § 45-5B-105).
Agent Acceptance - While not always required on the document itself, agents must act within the scope of authority and accept the fiduciary duty imposed by the appointment.
Recording - Documents granting authority over real estate transactions must be recorded with the County Clerk in the county where the property is located.

Relevant New Mexico and Federal Statutes

The creation, execution, and enforcement of these documents are governed by specific state and federal laws:

Uniform Power of Attorney Act - Governs the creation and scope of financial powers of attorney, outlining the duties of agents and the statutory form (NMSA 1978, § 45-5B-101 et seq.).
Uniform Health-Care Decisions Act - Regulates advance directives and the appointment of agents for healthcare decisions (NMSA 1978, § 24-7A-1 et seq.).
Delegation of Powers by Parent or Guardian - Permits the temporary delegation of parental powers regarding a minor's care and education (NMSA 1978, § 45-5-104).
HIPAA Privacy Rule - Federal regulation protecting medical information and requiring specific authorization for agents to access health records (45 CFR § 160 et seq.).
Tax Administration Act - Guidelines for representation before tax authorities (NMSA 1978, § 7-1-1 et seq.).

How to Complete a New Mexico Power of Attorney Form

Executing this document involves a structured process to ensure it meets legal standards and accurately reflects the principal's wishes:

Step 1: Select the Appropriate Form - Choose a document template that aligns with the specific type of authority needed, such as financial, medical, or limited scope.
Step 2: Appoint an Agent - Identify a trustworthy individual to act as the attorney-in-fact, and consider appointing a successor agent in case the primary choice cannot serve.
Step 3: Define Powers - Clearly initial or list the specific powers granted to the agent, such as banking, real estate, or business operations, and strike through any powers not intended to be granted.
Step 4: Execute the Document - Sign the form in the presence of a notary public to satisfy statutory presumptions of validity and prevent challenges to the document's authenticity.
Step 5: Distribute Copies - Provide copies of the executed form to the agent, financial institutions, healthcare providers, and any other relevant third parties.

Agent Duties and Liabilities

An individual accepting the role of agent assumes a fiduciary relationship with the principal. New Mexico law imposes strict standards of conduct on agents to prevent abuse and ensure the principal's assets are managed appropriately:

Fiduciary Duty - The agent must act in good faith, solely in the principal's best interest, and avoid conflicts of interest.
Record Keeping - Agents must maintain accurate records of all receipts, disbursements, and transactions made on behalf of the principal.
Competence - The agent must act with the care, competence, and diligence that a prudent person would exercise in similar circumstances.
Preservation of Estate Plan - To the extent the agent knows the principal's estate plan, they must act to preserve it, considering the value of the property and the principal's needs.

FAQs

Yes, under the New Mexico Uniform Power of Attorney Act, a signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.

No, all authority granted under a Power of Attorney terminates immediately upon the death of the principal. Control of the estate then passes to the executor or personal representative designated in the will or appointed by the court.

Yes, a principal may appoint two or more persons to act as co-agents. Unless the document expressly states that they must act together, co-agents may exercise their authority independently.

A principal with capacity may revoke a Power of Attorney at any time by executing a new document or a written revocation. This revocation should be notarized and delivered to the agent and any third parties who have the original document on file.

Yes, in New Mexico, the filing of an action for dissolution of marriage or legal separation automatically terminates a spouse's authority as an agent, unless the Power of Attorney document specifically states otherwise.

A durable Power of Attorney is effective immediately and remains valid if the principal becomes incapacitated. A springing Power of Attorney only becomes effective upon the occurrence of a specific event, typically the certification of the principal's incapacity by a physician.

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