Free New Mexico Power of Attorney (POA) Form

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Types of Power of Attorney in New Mexico

Before starting a New Mexico Power of Attorney, it is critical to know what type of POA to create. There are many different varieties of these legal instruments, and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact.

The most common kinds of POA available in New Mexico include the following examples:

Type of POA Uses Usable After Incapacity?
Durable A Durable POA allows an Agent to manage your estate for you at all times, even if you fall unconscious or become medically incapacitated. In New Mexico, all documents are presumed to be durable (§ 45-5B-104). Yes
Limited Limited POAs grant an Agent responsibility for specific, normally one-off, tasks. These forms are usually time-limited, only giving your representative authority for a short period of time. Yes (if durable)
Medical Medical POAs allow you to delegate important healthcare decisionsto your Agent. This can then be used when urgent choices regarding treatment need to be made when you’re unconscious. Yes
Real Estate Real Estate POAs let your Agent manage tasks related to the buying and selling of property on your behalf. Yes (if durable)
Vehicle (DMV) Using a Vehicle POA allows an Agent to buy and sell vehicles for you and to manage other ownership tasks such as registering titles with the NM Motor Vehicle Division (MVD) and updating official documentation. Yes (if durable)
Springing A Springing POA allows an Agent to act for you when certain conditions or criteria occur. For example: the Power of Attorney may only become active if you are unconscious or are unavailable for a period of time. Yes (if durable)
Minor (Child) With a Minor POA, you can delegate your parental rights over a child to your Agent temporarily. This might be necessary if you are seriously ill, serving in the military, or have to travel for work purposes. Yes (if durable)
Tax With a Tax POA, your Agent may represent you and sign documents on your behalf at the local New Mexico Taxation and Revenue office. Yes (if durable)

How to Get a Power of Attorney in New Mexico

ANew Mexico Power of Attorney can be filled in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.

Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.

Also, some pre-prepared forms for Vehicle and Tax POAs can be obtained directly from a New Mexico MVD or Taxation and Revenue site. However, it is recommended to seek the help of an attorney in order to fill the document properly.

New Mexico Power of Attorney Requirements

There are a few important things you need to know before signing a New Mexico POA. Firstly, you must make sure all the parties involved are legally fit to sign contracts.

To be considered competent to sign a contract, parties must:

  • Be over 18 years of age
  • Show they are mentally competent
  • Demonstrably understand the powers being granted

If you choose a financial institution as an Agent, they must have trust powers and a registered office in New Mexico.

Also, there are set rules in place in New Mexico which police how a completed Power of Attorney must be signed and put into action. New Mexico law dictates in this case that:

  1. The Principal and Agent must both sign the document.
  2. The signing must be overseen by a notary public, who will also sign.
  3. If the Agent(s) will manage real estate for the principal, the form must be registered with the local clerk of the county where the property is situated within 30 days of signing.

New Mexico Legislature allows you to use your Power of Attorney in other states that have adopted the Universal Power of Attorney (UPOAA). In 2007 New Mexico officially adopted this act. Make sure your document follows the state requirements to write the UPOA.

New Mexico Power of Attorney Sample

Looking over a completed New Mexico POA sample is a good place to start when you’re planning to create your own document. Use our template example below to understand the information that goes into this form and to learn more about what your document can do.

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New Mexico Power of Attorney Sample

FAQs About New Mexico Power of Attorney Forms

It is important to have a good understanding of what New Mexico Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

Does a Power of Attorney in New Mexico Need to Be Notarized?

Yes, New Mexico Powers of Attorney require a notary public to oversee the signing of the document by the Principal and Agent. This must be done to ensure the legal validity of the agreement by showing that all parties understand the powers being granted.

Who Can Override a New Mexico Power of Attorney?

There are a few ways to override a Power of Attorney. First of all, you can simply revoke it with a letter or revocation notice sent to the Agent.

The Principal always retains the right to remove the powers at any time, as long as they are not incapacitated.

If on the other hand, you wish to revoke the New Mexico Power of Attorney of an already incapacitated family member, you will have to write to the Agent to ask them to formally step down as POA.

If they refuse, you may then need to take the matter to court and appoint guardianship to render the powers of the Agent inactive.

How to Know if My Power of Attorney is Durable

In New Mexico, Power of Attorney documents are automatically assumed to be durable unless the contrary is specifically stated in the wording of the form.

This means it is necessary to expressly create a nondurable document if you wish for the powers you are granting to not be durable and for the POA to expire in the event of your incapacity.

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New Mexico Power of Attorney Sample

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STATUTORY FORM POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act.

This power of attorney does not authorize the agent to make health-care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately, unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________
DURABLE POWER OF ATTORNEY
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act:

(INITIAL each subject you want to include in the agent's general authority.)

________ - Real property

________ - Tangible personal property

________ - Stocks and bonds

________ - Commodities and options

________ - Banks and other financial institutions

________ - Operation of entity or business

________ - Insurance and annuities

________ - Estates, Trusts, and Other Beneficial Interests

________ - Claims and Litigation

________ - Personal and Family Maintenance

________ - Benefits from governmental programs or civil or military service

________ - Retirement plans

________ - Taxes
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
SPECIAL INSTRUCTIONS
My Agent is entitled to reasonable compensation for services rendered as my Agent.
My Agent will be entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.
EFFECTIVE DATE
This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.
This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.
RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURES

Dated ____________________, _____, at _________, New Mexico.

  
__________________________________________________
_________Date
  


Address: _________
Telephone Number: _________
Email Address: _________

__________________________________________________
_________Date

NOTARY ACKNOWLEDGMENT

State of New Mexico
_________ County



This document was acknowledged before me on _______________.
 (date)



by ___________________________________
     _________


___________________________________
(Seal, if any)



Signature of Notary: __________________________________

My commission expires: _______________________________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) Act in good faith;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

(3) Act with care, competence, and diligence;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act. If you violate the Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.
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