New Mexico durable power of attorney laws are stated in New Mexico Annotated Statutes. A power of attorney is durable unless it is terminated by the incapacity of the Principal. Section 45-5B-110 explains the conditions under which power of attorney or agent’s authority terminates. Power of attorney terminates when the Principal is dead or incapable, revokes the power of attorney or the purpose of the power of attorney is accomplished, the Principal revokes agent’s authority, if death, incapacity or resignation of the agent occurs. An agent’s authority terminates if the Principal revokes the authority, if the agent is dead, incapacitated or resigns, or if the power of attorney terminates. However, termination of agent’s authority is not effective if the agent acts in good faith without the knowledge of termination. Incapacity of the Principal does not revoke or terminate the power of attorney unless the agent acts in good faith without the knowledge of incapacity. According to Section 47-1-7, powers for the conveyance of land shall be executed in the same manner as deeds and should be recorded. Revocation of powers to convey land must be filed and recorded.
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