New Mexico power of attorney forms allows a person to give authority to someone else to handle financial, medical, or other affairs on their behalf while they are alive. The person giving the power (“principal”) is recommended to choose a trusted person (“agent”) to act in their presence as they will have as much power as the principal acting on their own. The principal can elect to make the form “durable” which would make the form valid even if they should become incapacitated.
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 public.
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 public.
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-4(Part 3)): Law states that two (2) witnesses are “recommended but not required.”
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 public.
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 public.
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 public.
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 public.