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.

Under the Uniform Health-Care Decisions Act, a power of attorney for health care must be in writing and signed by the principal. Individual health-care instructions may be written or oral (oral instructions are given directly to a health-care provider). An optional statutory advance health-care directive form exists; it recommends, but does not require, two witnesses, and has no notary block.

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.

New Mexico has a statutory form for a financial power of attorney: the "New Mexico Statutory Form Power of Attorney" in NMSA 1978 § 45-5B-301 (Uniform Power of Attorney Act). It covers property and money only and does not authorize health care decisions. The form ends with a signature and acknowledgment block for a notary public. For health care, the advance directive packet posted by the New Mexico Aging and Long-Term Services Department has four parts (power of attorney for health care, health care instructions, primary physician, and signatures); it says you must sign and date the form, and that witnesses are not required but may help if the directive is ever challenged.