Design and create a comprehensive New Mexico Power of Attorney (POA) tailored to your needs and state’s requirements with the help of step-by-step guidance and expert customizable forms.
Last Update March 15th, 2023
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- New Mexico Power of Attorney (POA) Form
- Types of Power of Attorney in New Mexico
- How to Get a Power of Attorney in New Mexico
- New Mexico Power of Attorney Requirements
- New Mexico Power of Attorney Sample
- FAQs About New Mexico Power of Attorney Forms
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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:
The Principal and Agent must both sign the document.
The signing must be overseen by a notary public, who will also sign.
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.
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.