New Mexico Medical Power of Attorney Form

The New Mexico Medical Power of Attorney (Durable POA for Health Care), in keeping with the state law provision § 24-7A-2, makes it legally viable for any capable individual to exercise their right to:

  • Make his or her own health-care decisions, and
  • Give an individual instruction (if they so choose).

By setting out their preferences in the form, the individual (referred to as the Principal) may authorize another party (referred to as their Agent) to make health-care decisions on their behalf when they lack capacity to do so themselves. Any health care decisions the Agent makes should be a reflection of those the Principal would make themselves if they could. In cases where the Principal has left individual instructions, the Agent is required to follow them.

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State Laws & Signing Requirements

State Laws – Uniform Health-Care Decisions

Signing Requirements (§ 24-7A-2) – The state of New Mexico is silent on the matter of signing requirements for an Advance Health-Care Directive to be valid. However, in order to protect the interests of the Principal, it is advised that they sign the form before a Notary Public and two (2) witnesses.