Power of Attorney and Health Care – General – New Mexico

General Information

A statutory power of attorney is legally sufficient under the Uniform Statutory Form Power of Attorney Act, if the wording of the form complies substantially with the statutory language, the form is properly completed, and the signature of the principal is acknowledged in any form permitted by law.

The statutory form of power of attorney is legally sufficient.  However, nothing in the Uniform Statutory Form Power of Attorney Act prohibits the use of any other form for a power of attorney.

A power of attorney executed in another jurisdiction, which is in compliance with the law of that jurisdiction or with the law of New Mexico, is valid in New Mexico to the extent the document is not inconsistent with the public policy of New Mexico.

The powers described in Uniform Statutory Form Power of Attorney Act are exercisable equally with respect to an interest the principal has when the power of attorney is executed or acquires later, whether or not the property is located in New Mexico, and whether or not the powers are exercised or the power of attorney is executed in New Mexico.

By accepting or acting under a power of attorney, statutory or otherwise, an attorney-in-fact assumes fiduciary and other legal responsibilities of an agent acting for the principal.

The principal may revoke the power of attorney by a written instrument that is signed by the principal and a copy of the revocation is delivered to the agent.

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