A New Mexico Power of Attorney is a type of legal document that can take many different forms depending upon the situation in which they are used. They all have one thing in common, namely that one person, appoints another person, to act in his or her behalf.  Some forms convey general financial power, while others convey more specific powers such as appointing someone with the power to act with regard to tax issues, or with regard to child care issues or with regard to motor vehicle issues. In all cases, it is very important that the person you choose to represent your interests is someone who is willing to take on the role and is someone that you find trustworthy and reliable. All forms should comply with New Mexico Statutes Chapter 46-B.

All Types

Durable Power of Attorney – Grants financial powers to another person to act on behalf of the creator of the document. These powers to act continue, even if the person who granted the power subsequently becomes mentally or physically incompetent.

General Power of Attorney – The “general” is similar to a durable in that it grants general financial powers to another person to act. However, these powers to act become void upon the incapacity of the person who granted the power initially.

Health Care Power of Attorney & Directive – For health issues. The person making the document can appoint another to make decisions on his or her behalf during a health situation where the person in unable to make his or her own decisions.

Limited Power of Attorney – A limited version is for specific, limited transactions and the representation ends upon completion of the transaction.

Minor Power of Attorney – Can be used by a parent to convey guardianship power of his or her minor children to another while the parent is temporarily away from the children. It gives the caretaker the authority to deal with schools and doctors if the need arises.

Revocation of Power of Attorney – Used to revoke or terminate a previously executed power of attorney.

Real Estate Power of Attorney – Allows for a person to elect someone else to assist them in managing or selling real property. The Attorney in Fact selected will have the rights to act on behalf of the principal and hold the same power as if they owned the property.

Tax Power of Attorney (Form ACD 31102) – Used to appoint a tax professional to handle your tax matters with the tax authority in New Mexico.

Vehicle Power of Attorney (Form MVD-11020) – Used to appoint another to take care of your motor vehicle titling and registration issues in front of the NM motor vehicle authority.

How to Write

1 – Download This New Mexico Form To Delegate Principal Authority

The paperwork required to appoint an entity with Principal Power, in the State of New Mexico, can be found on this page using the buttons under the picture. Open a copy of this form then either enter information using compatible software or print it to fill it out manually. You will need the Principal’s direct participation for the majority of stages in this document.

2 – Specifically Name The Principal And The Attorney-in-Fact(s)

The first part of this document will call for a declaration statement. This paragraph will seek to define the individuals involved with this document: The Principal granting his or Authority and the Attorney-in-Fact who assumes Principal Authority.

The blank line after the word “I” must have the Full Name of the Principal. Enter the Legal First Name, Middle Name, and Last Name of the individual using this form to appoint the Attorney-in-Fact with the right to use his or her Authority. You will need to fully report on this Grantor by using the second blank line to record the Grantor’s Building Number, Street Name, Unit, and City.Now find the phrase “I appoint.” The empty space immediately following these words is reserved for the individual who will assume the Principal Authority being granted in this document or the Attorney-in-Fact. Use this empty space to fill in the Legal First Name, Middle Name, Last Name, and Full Legal Address of the Attorney-in-Fact. IF the Principal wishes to appoint more than one individual through this document and there is not enough room, continue the Attorney-in-Fact information on a separate document then attach it to this document before it is signed.In the event the Grantor or Principal intends to have a back-up ready, if the Attorneys-in-Fact(s) named in the above paragraph cannot serve the Principal (for whatever reason), you will need to report this individual’s identity here as well. Locate the statement “If Any Attorney-in-Fact Appointed Above Is Unable…,” then enter this individual’s Full Legal Name on the blank space provided. This person will be known as the Successor Attorney-in-Fact.Next, two statements have been provided that will define what happens if the Principal is incapacitated and a court appointed supervised guardianship is involved. To sum them up. The first statement names the Attorney-in-Fact listed to retain Principal Authority even in the event of the Principal’s incapacitation, so the Principal may avoid a court-supervised guardianship while the second statement will explicitly state the Principal’s desire to have the Attorney-in-Fact here to assume the role of Guardian/Conservator if a court-supervised guardianship must be imposed. If the Principal does not desire one or both statements, strike through the offending statement so that it does not apply to the Authority granted here.

3 – Address The Issue Of Multiple Attorneys-in-Fact

Now, locate the check box corresponding to the statement beginning with “If More Than One Person…” Mark this box then have the Principal initial the blank line, if multiple Attorneys-in-Fact have been listed above and each may act independently of the other.

4 – Obtain The Principal’s Initials For Each Power To Be Granted

Now that we have given some definition to the parties involved with this document, we should detail precisely what decisions and actions this document will grant the Attorney-in-Fact. This goal will be accomplished when the Granting Principal goes through the numbered list provided in this document and initials each line that names an area the Attorney-in-Fact should assume Principal Authority over. If the Granting Principal intends every Power on this list be granted to the Attorney-in-Fact, only the last item should be initialed.

The Principal will need to initial the First Item on this list to grant the Attorney-in-Fact his or her Authority over Real Estate Transactions   The Second Item will allow the Attorney-in-Fact to assume Principal Authority with Stock And Bond Transactions, if it is initialed by the Granting Principal.The Grantor must initial the Third Item to approve the Attorney-in-Fact to use Principal Power regarding Commodity And Option TransactionsThe Fourth Item will name “Tangible Personal Property Transactions” to be in the scope of Principal Powers granted to the Attorney-in-Fact, if the Principal initials the corresponding bracketed line.If the Attorney-in-Fact is intended to have Principal Power in the Principal’s “Banking And Other Financial Institution Transactions,” the Principal should initial the Fifth Item on this list.

To appoint the Attorney-in-Fact with the Principal Authority within the Principal’s “Business Operating Transactions,” the Principal will need to initial the Sixth Item.

The Attorney-in-Fact will be authorized to utilize Principal Authority with Principal “Insurance And Annuity Transactions” when the Principal initials the Seventh Item.

The Eighth Item will delegate the Principal Power to engage in “Estate, Trust And Other Beneficiary Transactions” on behalf of the Principal, if the Principal initials the bracketed blank line preceding the number “8.”

The Principal will need to initial the Ninth Item to grant the Attorney-in-Fact Principal Authority with “Claims And Litigation.”

Matters regarding the Principal’s “Personal And Family Maintenance” will be in the Attorney-in-Fact’s Granted Principal Powers if the Tenth Item once the Principal initials the Tenth Item.

The Eleventh Item on this list enables the Attorney-in-Fact to act with the same Authority as the Principal in with “Benefits From Social Security, Medicare, Medicaid Or Other Government Programs Or Civil Or Military Service”

The Twelfth Item enables an Attorney-in-Fact to conduct “Retirement Plan Transactions” with Principal Authority if the Principal initials it.

The Principal can delegate Principal Power over “Tax Matters, Including Any Transactions With The Internal Revenue Service,” to the Attorney-in-Fact once he or she initials the corresponding bracketed space to the Thirteenth Item.

If the Principal intends the Attorney-in-Fact to make “Decisions Regarding Lifesaving And Life Prolonging Medical Treatment” on his or her behalf, then he or she should initial the Fourteenth Item.

The Fifteenth Item gives the Attorney-in-Fact the Principal Power to make “Decisions Relating To Medical Treatment, Surgical Treatment, Nursing Care, Medication, Hospitalization, Institutionalization In A Nursing Home Or Other Facility And Home Health Care” after the Principal initials it.

If the Principal wishes to authorize the Attorney-in-Fact’s Principal Power in the “Transfer Of Property Or Income As A Gift To The Principal’s Spouse For The Purpose Of Qualifying The Principal For Governmental Medical Assistance” then he or she should initial the Sixteenth Item.

The Principal can give one sweeping Authorization, so the Attorney-in-Fact can assume Principal Power with in all of these areas by initialing the bracketed line preceding the Seventeenth Item. If this is done, no other Item should be initialed.

5 – Document Any Special Instructions That Should Apply Here

The Principal may have additional instructions concerning the Principal Authority granted here. This can be recorded on the blank lines under the heading “Special Instructions.” Here, the Principal can include any provisions, circumstances, preferences, limitations, restrictions, or extensions concerning the Principal Powers granted here.

6 – Indicate The Circumstances That Deliver Power To The Attorney-in-Fact

Find the check box corresponding to the statement starting with “This Power Of Attorney Shall Become Effective Only…” If the Principal wishes the Authority defined here granted to the Attorney-in-Fact immediately upon signing, then leave this check box unmarked. If, however, the Authority defined here should be granted only upon the Principal being diagnosed as Incapacitated through two notarized Health Care Professionals’ statement, then mark this check box.

7 – Coordinate The Principal With A Notary Public To Execute This Paperwork

The Principal will need to authorize this document by Signature. Look for the “Signature” line on the top of page three. The Principal must sign this line. If preferred the Principal should enter his or her Social Security Number on the next blank space. Below this the Principal should enter the Date he or she signs this document.

The Acknowledgement section below the Principal Signature demands the attention of the Notary Public viewing this signing to be completed. Only he or she may supply the information and items necessary to notarize this signing.

The next page will be an Affidavit which may only be filled out by the Notary Public and requires the Attorney-in-Fact Signature(s).