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New Mexico Durable (Statutory) Power of Attorney Form

A New Mexico durable statutory power of attorney form lets a person ("principal") choose someone else ("agent") to handle their financial decisions and affairs during their life. The agent selected is commonly a spouse or family member who is also included as a beneficiary in the principal's last will and testament.
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Updated July 18, 2024

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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.[1][2]

Laws

Definition of “Durable”

“Durable”, with respect to a power of attorney, means not terminated by the principal’s incapacity.[3]

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.[4]

Statutory Form

The New Mexico state legislature has created a statutory power of attorney form available at § 45-5B-301.

Sources

  1. § 45-5B-105
  2. § 45-5B-302
  3. § 45-5B-102(B)
  4. § 45-5B-102(G)