New Mexico Power of Attorney Forms is a type of legal document that can accomplish several goals 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 on 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 childcare 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 45-5B.
Types (9)
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.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements (§ 45-5B-105): Notary acknowledgment
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.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements (§ 45-5B-105): Notary acknowledgment
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 medical situation where the person is unable to make his or her own decisions.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements (§ 24-7A-2(B)): Not specifically mentioned; it is recommended that two (2) witnesses sign the document.
Limited Power of Attorney – A limited version is for specific, limited transactions and the representation ends upon completion of the transaction.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements (§ 45-5B-105): Notary acknowledgment
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.
Download: Adobe PDF
Signing Requirements (§ 45-5-104): Notary acknowledgment
Revocation of Power of Attorney – Used to revoke or terminate a previously executed power of attorney.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements (§ 45-5B-110): Not specifically mentioned; notarization is recommended.
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.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Signing Requirements (§ 45-5B-105): Notary acknowledgment
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.
Download: Adobe PDF
Signing Requirements: Principal Only
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.
Download: Adobe PDF
Signing Requirements: Notary acknowledgment
