New Mexico Durable (Statutory) Power of Attorney Form

The New Mexico Statutory Durable Power of Attorney is a legal document that provides for durability in arrangements involving a Principal who authorizes a party of their choosing (their Agent) to perform financial acts on their behalf. Although state law, specifically § 45-5B-104, establishes that unless there is an express provision to the contrary, all Power of Attorney arrangements created under the New Mexico Uniform Power of Attorney Act are durable, it is nevertheless crucial to outline the terms of durability in unequivocal terms. This agreement supports any Principal to achieve this.


Additional Signing Requirements

If a Principal does not agree with the durable terms of a Power of Attorney, they are advised to use an alternative form, namely a General Power of Attorney form. The provisions in this form will ensure that it will exhaust upon the Principal’s incapacity.

State Laws & Signing Requirements

State Laws – Uniform Power of Attorney Act

Signing Requirements (§ 45-5B-105) – Power of Attorney agreements created in the state of New Mexico must abide by the signing requirements found in § 45-5B-105. To use the state’s own words, the signing requirements for a Power of Attorney are as follows:

“A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.”

 

It is a requirement that a Durable Power of Attorney is signed by the Principal before a Notary Public or another individual who is authorized by law to take acknowledgments. Another individual can sign on the Principal’s behalf in their conscious presence, as long as the Principal directs them to do so.