What is a New Mexico Medical Power of Attorney?
The individual giving permission is called the "principal," and the individuals or entities receiving powers are called the "agents." Designed for residents of New Mexico, our Power of Attorney for health care can be used in Bernalillo County, Dona Ana County, Santa Fe County, and in all other parts of the state. All New Mexico Healthcare PoA forms from Rocket Lawyer can be fully personalized for your specific situation. As a result of this official document, your agent will be able to offer verification to healthcare providers and other parties that they can make choices for you.
When to use a New Mexico Medical Power of Attorney:
- You want the assurance of knowing someone you've picked can take over your healthcare decisions if you can't.
- Your health is in decline and you want to be prepared for any situation.
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
. DESIGNATION OF AGENT. I, , of , NM, appoint:
|Relation, if any:|
as my Agent to make health care and personal decisions for me if I become unable to make such decisions for myself, except to the extent I state otherwise in this document.
NOTICE: Generally you should not appoint any of the following persons as your Agent:
(1) your treating physician or health care provider;
(2) an employee of your physician or health care provider unless the person is your relative;
(3) your residential care provider; or
(4) an employee of your residential care provider unless the person is your relative.
. CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE. By this document I intend to create a Durable Power of Attorney for Health Care. This power of attorney shall take effect upon my disability, incapacity, or incompetency, and shall continue during such disability, incapacity, or incompetency.
. GENERAL STATEMENT OF AUTHORITY GRANTED. Subject to any limitations in this document, I grant to my Agent full power and authority to make health care decisions, for me to the same extent that I could make such decisions for myself if I had the capacity to do so. This authority includes but is not limited to decisions relating to withholding or withdrawal of life-sustaining treatment, surgical treatment, nursing care, medication, hospitalization, institutionalization in a nursing home or other facility and home health care, the withholding and withdrawal of artificially provided nutrition and hydration.
In exercising this authority, my Agent shall make health care decisions that are consistent with my desires as stated in this document or otherwise made known to my Agent. In making any decision, my Agent shall attempt to discuss the proposed decision with me to determine my desires if I am able to communicate in any way. If my desires regarding a particular health care decision are not known to my Agent, then my Agent shall make the decision for me based upon what my Agent believes to be in my best interests.
SECOND ALTERNATE AGENT
my Agent herein named, in the order named., , , .
. GENERAL PROVISIONS
1. HOLD HARMLESS. All persons or entities who in good faith endeavor to carry out the terms and provisions of this document shall not be liable to me, my estate, my heirs or assigns for any damages or claims arising because of their action or inaction based on this document, and my estate shall defend and indemnify them.
2. SEVERABILITY. If any provision of this document is held to be invalid, such invalidity shall not affect the other provisions which can be given effect without the invalid provision, and to this end the directions in this document are severable.
3. STATEMENT OF INTENTIONS. It is my intent that this document be legally binding and effective. If the law does not recognize this document as legally binding and effective, it is my intent that this document be taken as a formal statement of my desire concerning the method by which any health care decisions should be made on my behalf during any period in which I am unable to make such decisions.
(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)
I have read and understand the contents of this document and the effect of this grant of powers to my Agent. I am emotionally and mentally competent to make this declaration.
Signed on _____ day of _______________, _____.
We, the undersigned witnesses, state that we have witnessed the signing of this document by and that is of sound mind and free of undue influence. We are each 18 years or older; are not appointed as an Agent in this document; and are not related to by blood, marriage, or adoption. We further state that neither of us is 's health care provider or an employee of such a provider.
Date Signed: _______________ _____, _____.
New Mexico Medical Power of Attorney FAQs
How can I get Medical Power of Attorney in New Mexico?
It's quick and easy to grant or obtain the support you need using a free New Mexico Medical Power of Attorney template from Rocket Lawyer:
- Make your PoA - Provide a few details and we will do the rest
- Send and share it - Discuss it with your agent or ask a legal question
- Sign and make it legal - Required or not, witnesses/notarization are ideal
This method, in many cases, will end up being notably more affordable and convenient than working with the average provider. If necessary, you may fill out a Medical PoA on behalf of an elderly parent, a spouse, or another family member, and then have them sign after you've drafted it. Keep in mind that for a PoA form to be considered legally valid, the principal must be mentally competent when they sign. If the principal has already been declared legally incompetent, a court-appointed conservatorship could be required. When dealing with such a situation, it's a good idea for you to speak with an attorney .
Who should have a Power of Attorney for healthcare in New Mexico?
Every person over 18 ought to have a Medical Power of Attorney. Although it's difficult to acknowledge, there might come a time when you are not able to make medical decisions on your own. Typical circumstances where you may find power of attorney to be helpful include:
- You are getting older or have declining health
- You have plans to live in an adult care facility
- You are planning for an upcoming medical procedure or period of hospitalization
- You've been given a terminal diagnosis
Whether your New Mexico Medical Power of Attorney is being drafted as part of a long-term plan or produced in response to an unexpected emergency, witnesses and/or notarization are strongly encouraged for protecting your agent if their privileges and authority are doubted.
What is the difference between a New Mexico Healthcare Proxy and a New Mexico Medical Power of Attorney?
At times, when discussing the subjects of elder care and/or estate planning with medical or legal professionals, you or a loved one might hear "healthcare power of attorney", "medical power of attorney" and "healthcare proxy" used interchangeably. In short, they're one and the same. That said, you should keep in mind that it's certainly possible to establish power of attorney over affairs that are not related to medical care. In that case, "proxy" usually is not the preferred term.
Do I need to work with an attorney for my New Mexico Medical PoA?
New Mexico Medical PoA forms are normally straightforward, but you or your agent(s) may have questions. Depending on whom you contact, some lawyers will not even accept requests to review a document that they did not write. An easier approach to consider is to go through attorney services at Rocket Lawyer. By signing up for a Premium membership, you will be able to ask for a document review from an experienced attorney or send additional questions about your Medical Power of Attorney. As always, Rocket Lawyer is here for you.
How much would it traditionally cost for a lawyer to help me get a Power of Attorney form for health care in New Mexico?
The cost of finding and working with the average law firm to write a Medical Power of Attorney could total between $200 and $500, depending on your location. Different from many other websites you may stumble upon, Rocket Lawyer offers more than a Power of Attorney template. If you ever require help from a lawyer, your Rocket Lawyer membership offers up to 40% in savings when you hire an attorney.
Is anything else required once I make a New Mexico Medical Power of Attorney?
Upon completing your Healthcare PoA document using Rocket Lawyer, you will be able to open it anytime, anywhere. You also may try any of the following actions related to your document: editing it, printing it, and/or signing it. Your Power of Attorney has its own checklist of helpful tips to follow while finalizing your document. You should make sure to provide a copy of the signed document to your agent(s), care providers, and other impacted parties.
Does a Medical Power of Attorney need to be notarized, witnessed, or recorded in New Mexico?
The specific guidelines and restrictions for PoA forms are different in each state; however, in New Mexico, neither witnesses nor notarization are legally required. That said, both are recommended to help reinforce the validity of your document. Finally, as a general rule, your witness(es) must not be under the age of 18, and no witness should simultaneously be designated as your PoA agent.
See New Mexico Medical/Healthcare Power of Attorney law: Ch. 24, Article 7A