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New Mexico Springing Power of Attorney

A New Mexico springing power of attorney is a legal instrument used by an individual (the principal) to authorize another person (an agent) to manage specified aspects of the principal's personal affairs if the principal should become incapable of managing them on his or her own behalf.

Updated June 28, 2024

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Permitted in New Mexico?

Yes, a power of attorney can include language that causes it to become effective only at a later time or upon the occurrence of a future event or contingency.[1]

Signing Requirements

Must be signed by the principal or by another individual under the direction of the principal in the presence of a notary public.[2]

“Incapacity” Definition

“Incapacity” means inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]