Types

Durable (Statutory) Power of Attorney – A principal who wants the stipulations of a power of attorney to continue despite any complications they may face to their health should employ a durable type of POA.

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General (Financial) Power of Attorney – Decision making powers concerning financial matters of any kind, type, or nature can be delegated from a principal to an agent using this form. The validity of the agent to exercise these decision making powers will only last as long as the principal is of a sound state of health.

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Limited (Special) Power of Attorney – Limits the tasks the agent must carry out to only those noted in this form.

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Medical Power of Attorney – This legal form, also referred to as an Advance Healthcare Directive, plays a vital role in protecting the rights and medical care wishes of individuals in a state of incapacitation.

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Minor Child Power of Attorney – Parents and guardians are required by law to ensure, without fail, the wellbeing of their children. This is a responsibility usually carried out by the parents or guardians themselves, however, they may use this form to elect another party to fulfill such duties when they are unable to.

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Motor Vehicle Power of Attorney (Form MVD-11020) – The New Mexico Taxation & Revenue Department, Motor Vehicle Division has issued this limited durable POA to allow individuals to elect an attorney-in-fact to manage the motor vehicle affairs specified therein.

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Real Estate (Property) Power of Attorney – If an individual would like to elect another party to complete such actions as selling, managing, buying, or refinancing a property on their behalf, they should complete all necessary field in this form.

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Revocation of Power of Attorney – The principal to a power of attorney can suspend the powers they have granted to the agent by stating such an intention in this form.

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State Tax Filing Power of Attorney (Form ACD-33102) – Issued by the Taxation and Revenue Department of New Mexico, Form ACD-33102 allows the Department to disclose confidential tax information to a party appointed by a taxpayer in this form. The party can in turn use this information to complete the tax-related tasks the taxpayer wishes them to do on their behalf.

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What is a New Mexico Power of Attorney?

A New Mexico Power of Attorney is put into effect in order for an individual (the Principal) to authorize that one or more of their affairs should be handled by another individual or entity (the Agent). When managing the Principal’s affairs, the Agent is required to follow directions and conditions that are written in the given Power of Attorney document. The document will specify not only what the powers are, but also when and in what circumstances they should be exercised.

• New Mexico Power of Attorney Laws – (Chapter 45-5B, “Uniform Power of Attorney Act” and Chapter 24, Article 7a, Uniform Health-Care Decisions Act)
• State Definition of Power of Attorney (§ 45-5B-102(G)) – “means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used.”
• State Definition of Advance Health-Care Directive (§ 24-7A-1) – “means an individual instruction or a power of attorney for health care made, in either case, while the individual has capacity.”
• Signing Requirements
  • General / Durable Power of Attorney (§ 45-5B-105) – Must be signed by the Principal (or another individual the Principal has directed to sign on their behalf) before a Notary Public or another individual who is authorized by law to take acknowledgments.
  • Advance Health-Care Directive (§ 24-7A-2) – No state-mandated signing requirements are specified. However, it is strongly advised the Principal signs the Power of Attorney before a Notary Public and two (2) witnesses.

When is it Effective?

As stated by § 45-5B-105, in order for a Power of Attorney to be considered legally effective in the state of New Mexico, the Principal must sign it before a Notary Public or another individual who is authorized by law to take acknowledgments. If they wish, a Principal may direct another individual to sign the POA on their behalf.

An Advance Health-Care Directive, however, does not have any state-mandated signing requirements (as per § 24-7A-2). Likewise, a Minor Child Power of Attorney does not have any signing requirements that must be fulfilled (as per § 45-5-104), nor does a Revocation of Power of Attorney (as per § 45-5B-110).

That being said, it is strongly recommended that a Principal who will be party to any of these types of Power of Attorney arrangements sign their name on the respective form before a Notary Public and two (2) witnesses. Doing so will help to protect the rights of all parties involved.