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A New Mexico Living Will is a legal document that outlines your preferences in relation to healthcare, such as your request for or refusal of a specific medical treatment or procedure, in addition to... Read more

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Making a Living Will in New Mexico

  • What is a New Mexico Living Will?

    A New Mexico Living Will is a legal document that outlines your preferences in relation to healthcare, such as your request for or refusal of a specific medical treatment or procedure, in addition to the optional appointment of a chosen agent or healthcare decision maker.

    The individual making a Living Will is called the "principal," and the individual or organization obtaining permission to carry out the principal's wishes is called the "agent." Suitable for residents of New Mexico, this free Living Will can be used in Santa Fe County, Bernalillo County, Dona Ana County, and in all other counties and municipalities in the state. Any New Mexico Living Will form from Rocket Lawyer can be tailored to address your particular situation. This official legal document provides proof of your preferences to medical providers, and it will certify that your selected agents have the authority to act in your interest.

  • How do I write a Living Will in New Mexico?

    It's fast and easy to outline your medical wishes using a free New Mexico Living Will template from Rocket Lawyer:

    1. Make your Living Will - Answer a few general questions, and we will do the rest
    2. Send or share it - Go over your wishes with your healthcare agent or ask a lawyer
    3. Sign it - Optional or not, notarization/witnesses are encouraged

    This method, in most cases, will be much less expensive than hiring and working with the average provider. If necessary, you can prepare this Living Will on behalf of a relative, and then help them sign it when ready. Please remember that for a Living Will to be legally valid, the principal must be mentally competent at the time of signing. In the event that the principal has already been declared legally incompetent, a court-appointed conservatorship may be necessary. When managing this situation, it's best for you to speak with an attorney.

  • Who should have a Living Will?

    Every person over 18 years old ought to have a Living Will in place. Even though it's unpleasant to acknowledge, there might come a day when you cannot make your own medical decisions. Here are some typical occasions in which you may consider it helpful to make or update your Living Will:

    • You are facing the possibility of surgery or period of hospitalization
    • You are getting older or have declining health
    • You have been given a terminal diagnosis
    • You have plans to live in an adult care facility

    Regardless of whether your New Mexico Living Will has been produced in response to a recent change in your health or as part of a long-term plan, notarization and witnesses are highly recommended as a best practice for protecting your document if its authenticity is doubted.

  • Do I need an attorney to review my Living Will in New Mexico?

    Making a Living Will is normally simple, but you or your agent(s) might still need legal advice. Getting a legal professional to review your New Mexico Living Will might be time-consuming and relatively expensive. A more cost-effective alternative is to request help from the On Call network. When you become a Premium member, you can get your document reviewed or send specific questions. As always, you can rest assured that Rocket Lawyer is here for you.

  • What might I typically have to pay to make a Living Will in New Mexico?

    The fees associated with finding and working with your average lawyer to write a Living Will might add up to anywhere from two hundred to one thousand dollars, depending on where you are. Different from the other websites you may stumble upon, Rocket Lawyer offers more than a Living Will template. If you ever require help from a lawyer, your Rocket Lawyer membership provides up to 40% in savings when you hire an attorney from our network.

  • Are there any additional actions to take once I make my New Mexico Living Will?

    Upon completing your Living Will form with Rocket Lawyer, you'll be able to view it anytime, anywhere. With a membership, you will be able to make edits, download it as a Word or PDF document, print it, and/or sign it. Attached to each New Mexico Living Will form, there's a series of next steps to take once your document is completed. You should be sure that your agent(s) and care providers get a copy of the final document.

  • Does a Living Will need to be notarized or witnessed in New Mexico?

    The specifications and restrictions for Living Wills are different by state; however, in New Mexico, neither witnesses nor notarization are legally required. That said, both are recommended to help reinforce the legitimacy of your document. As a general standard, your witnesses should be 18 years old or older, and none of them should simultaneously be acting as your agent.

    New Mexico Living Will Laws: New Mexico Stat. § 24-7A-2(B)

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