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:
(B) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]