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. If a Principal does not agree to such terms, there is an alternative form they may use that exhausts upon their incapacity: a General Power of Attorney form.

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State Laws & Signing Requirements

State Laws – Uniform Power of Attorney Act

Signing Requirements (§ 45-5B-105) – It is a requirement that a 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.