Living Wills and Advance Directives in New Mexico
How to make a valid living will (advance directive) and medical power of attorney in New Mexico, with the official form.
Short answer: New Mexico follows the Uniform Health-Care Decisions Act. An adult or emancipated minor with capacity may give an 'individual instruction' about their health care, including end-of-life care. NMSA 1978, §§ 24-7A-2, 24-7A-4
| Living will / advance directive | New Mexico follows the Uniform Health-Care Decisions Act. An adult or emancipated minor with capacity may give an 'individual instruction' about their health care, including end-of-life care. It may be written or oral (an oral instruction must be given personally to a health-care provider) and may be limited to take effect only if a specified condition arises. The statute includes an optional advance health-care directive form, which recommends but does not require two witnesses. Form: https://nmonesource.com/nmos/nmsa-unanno/en/item/18524/index.do Re-verified 2026-10-27. Source: NMSA 1978, §§ 24-7A-2, 24-7A-4 |
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| Medical power of attorney | An adult or emancipated minor with capacity may sign a 'power of attorney for health care' authorizing an agent to make any health-care decision the principal could make. It must be in writing and signed by the principal; the statute does not require witnesses or a notary. It remains in effect if the principal later loses capacity. Re-verified 2026-10-27. Source: NMSA 1978, § 24-7A-2 |
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FAQ
How do I make a living will in New Mexico?
New Mexico follows the Uniform Health-Care Decisions Act. An adult or emancipated minor with capacity may give an 'individual instruction' about their health care, including end-of-life care. It may be written or oral (an oral instruction must be given personally to a health-care provider) and may be limited to take effect only if a specified condition arises. The statute includes an optional advance health-care directive form, which recommends but does not require two witnesses.
How do I make a medical power of attorney in New Mexico?
An adult or emancipated minor with capacity may sign a 'power of attorney for health care' authorizing an agent to make any health-care decision the principal could make. It must be in writing and signed by the principal; the statute does not require witnesses or a notary. It remains in effect if the principal later loses capacity.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.