Signing Requirements
The principal must sign in the presence of a Notary Public. Agent must also sign, but their signature does not require notarization. However, if the agent authorizes the optional Agent Certification, it must be acknowledged in front of a notary (§ 45-5B-105, § 45-5B-302).
Definition of “Durable”
“Durable”, with respect to a power of attorney, means not terminated by the principal’s incapacity (§ 45-5B-102(B)).
Definition of “Power of Attorney”
“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used (§ 45-5B-102(G)).
Statutory Form
The New Mexico state legislature has created a statutory power of attorney form available at § 45-5B-301.