Free New Mexico Advance Directive & Living Will
Build a complete New Mexico advance directive in minutes — free, no account. Name a health care agent, record your end-of-life wishes, and download a ready-to-sign PDF with New Mexico's correct signing requirements.
A free directive — not legal or medical advice.
This builds a New Mexico advance directive: it names a health care agent to decide for you and records your end-of-life wishes. It works only when you sign it as New Mexico requires (see the signing steps). RecordingLaw.com is not a law firm.
About you
Your health care agent
The person who will make medical decisions if you can't speak for yourself — the most important choice.
Note: in New Mexico, your agent cannot be NMSA 24-7A-2: unless related to the principal, an agent may not be an owner, operator, or employee of a residential long-term health-care institution at which the principal is receiving care. The supervising health-care provider may not act as agent.
Your end-of-life wishes
If you are terminally ill or permanently unconscious with no recovery expected.
Other wishes (optional)
Before you sign — New Mexico notes
This directive has NO legal effect until you sign it. To make it valid in New Mexico: Sign a written advance health-care directive — New Mexico requires NEITHER witnesses NOR a notary (witnesses are optional/recommended). An oral directive to a supervising provider is also recognized. No mandatory pregnancy clause. If no directive, § 24-7A-5 names the surrogate (spouse > domestic partner > adult child > parent > sibling > grandparent > close friend).
Witness rules: a witness must NOT be New Mexico is unusual: NO witnesses and NO notary are required to create a valid written advance health-care directive (NMSA 24-7A-2 / 24-7A-4). The optional statutory form (§ 24-7A-4) merely RECOMMENDS, but does not require, that two individuals sign as witnesses. Because witnesses are optional, the statute imposes no mandatory witness-disqualification list (if witnesses are voluntarily used, choosing disinterested adults is advised). A directive may even be made orally to a supervising health-care provider.
Your agent cannot be NMSA 24-7A-2: unless related to the principal, an agent may not be an owner, operator, or employee of a residential long-term health-care institution at which the principal is receiving care. The supervising health-care provider may not act as agent.
New Mexico also publishes an official statutory directive form (NMSA 1978 § 24-7A-4 (optional advance health-care directive form)); this document is a valid alternative that covers the same ground.
After signing, give copies to your agent, your alternate, and your doctor, and keep the original somewhere accessible. An advance directive is not filed with a court.
This is a general-purpose directive and is not legal or medical advice. For complex wishes, a serious illness, or detailed treatment limits, talk to your doctor and an estate-planning attorney. RecordingLaw.com is not a law firm.
Enter your name and your agent's name to download.
Or email yourself a copy (PDF)
Advance Health Care Directive of [YOUR FULL NAME]
PART I — DECLARATION
I, [YOUR FULL NAME], of [CITY], New Mexico, being of sound mind, make this Advance Health Care Directive to state my wishes for my medical care and to appoint a person to make health care decisions for me if I cannot make them myself. I revoke any prior advance directive, living will, or health care power of attorney I have made.
PART II — MY HEALTH CARE AGENT
I appoint [AGENT NAME] as my health care agent.
My agent's authority takes effect when my attending physician determines that I am unable to make my own health care decisions, and ends if I regain that ability.
My agent may make any health care decision I could make, including consenting to, refusing, or withdrawing any medical care, treatment, or procedure; choosing and changing my doctors and care facilities; and arranging for my comfort and pain relief. My agent must follow my wishes as stated in this document and otherwise act in my best interest.
I authorize my agent to obtain and review my medical information, and I make my agent my personal representative under the Health Insurance Portability and Accountability Act (HIPAA) for that purpose.
PART III — LIVING WILL — MY END-OF-LIFE WISHES
If I am terminally ill, permanently unconscious, or in an end-stage condition with no reasonable expectation of recovery, I do NOT want life-sustaining treatment (such as CPR, a ventilator, or dialysis) that would only prolong the process of dying. I direct that such treatment be withheld or withdrawn and that I be allowed to die naturally, receiving only care for my comfort.
I do NOT want artificially administered nutrition and hydration if it would serve only to prolong the process of dying.
Regardless of my other choices, I always want to be kept as comfortable and free of pain as possible, even if medication to relieve my pain may hasten my death.
PART IV — GENERAL PROVISIONS
This directive is governed by the laws of New Mexico and is intended to be effective in any place where I may be. A copy of this directive has the same effect as the original. I may revoke it at any time by notifying my agent or health care provider, orally or in writing.
If any part of this directive is held invalid, the rest remains in effect. My health care providers and agent who act in good faith reliance on this directive are protected to the fullest extent of the law.
SIGNATURE
I sign this Advance Health Care Directive willingly, on this _____ day of ____________, 20____, at [CITY], New Mexico.
____________________________________
[YOUR FULL NAME], Principal
(Your signature alone makes this directive effective in this state, but having two adults witness it is still recommended.)
How to Sign Your Advance Directive in New Mexico
Sign a written advance health-care directive — New Mexico requires NEITHER witnesses NOR a notary (witnesses are optional/recommended). An oral directive to a supervising provider is also recognized. No mandatory pregnancy clause. If no directive, § 24-7A-5 names the surrogate (spouse > domestic partner > adult child > parent > sibling > grandparent > close friend).
New Mexico requires no witnesses required. Your signature alone makes it effective, though having two adults witness it is still good practice. This generator's PDF includes a signing page with these exact steps.
The Two Parts: Health Care Agent and Living Will
Your New Mexico directive has two jobs. The health care agent (also called a healthcare proxy or medical power of attorney) is the person who speaks to doctors for you if you cannot — choosing treatments, providers, and facilities and seeing your medical records. The living will records your own instructions about life-sustaining treatment if you are terminally ill or permanently unconscious with no reasonable hope of recovery.
Who Can Be Your Agent and Witnesses in New Mexico
Your agent: In New Mexico, your health care agent cannot be NMSA 24-7A-2: unless related to the principal, an agent may not be an owner, operator, or employee of a residential long-term health-care institution at which the principal is receiving care. The supervising health-care provider may not act as agent. Choose someone you trust who knows your values and will advocate for you.
Your witnesses: New Mexico does not require witnesses, but if you use them, avoid anyone who benefits from your estate or is involved in your care.
Who Decides If You Have No Directive in New Mexico?
If you have not named a health care agent, New Mexico law decides who speaks for you: NMSA 24-7A-5 (decisions by surrogate): if no agent/guardian, a surrogate from the patient's family may act in descending priority — (1) spouse, unless legally separated or with a pending annulment/divorce/separation; (2) an individual in a long-term relationship of indefinite duration (domestic partner); (3) an adult child; (4) a parent; (5) an adult brother or sister; (6) a grandparent; then an adult who has exhibited special care/concern and is familiar with the patient's values. An unmarried partner usually has no automatic say. Signing a directive is how you choose your own decision-maker instead of leaving it to this default.
Updating, Revoking, and Sharing Your Directive
Review your directive after any major change — a new diagnosis, a divorce, the death of your agent, or a move to a new state (a directive valid where you signed it is usually honored elsewhere, but it is wise to re-sign under your new state's rules). You can revoke it any time by telling your agent or doctor or by signing a new one. After signing, give copies to your agent, your alternate, and your doctor and keep the original where it can be found quickly — a directive no one can locate cannot help you.
Frequently Asked Questions
Is an advance directive made online valid in New Mexico?
Yes, if you sign it correctly. New Mexico requires no witnesses required. The document this tool creates is a standard advance health-care directive (uniform health-care decisions act — combines agent appointment + individual instructions/living will); it becomes legally effective when you sign it as described above.
Do I need a lawyer to make an advance directive in New Mexico?
No. A properly signed advance directive is valid whether or not a lawyer prepares it. See an attorney if you have complex wishes, a serious illness, or want detailed limits on specific treatments.
What is the difference between a living will and a healthcare power of attorney?
A living will states your own wishes about life-sustaining treatment. A healthcare power of attorney (agent/proxy) names a person to make medical decisions for you. This generator combines both in one New Mexico directive.
Does my New Mexico directive need to be notarized?
No, New Mexico does not require notarization; no witnesses required is what makes it valid.
Who can witness my advance directive in New Mexico?
New Mexico does not require witnesses, though using neutral adults is good practice.
What happens if I don't have an advance directive in New Mexico?
New Mexico decides who makes your medical decisions: NMSA 24-7A-5 (decisions by surrogate): if no agent/guardian, a surrogate from the patient's family may act in descending priority — (1) spouse, unless legally separated or with a pending annulment/divorce/separation; (2) an individual in a long-term relationship of indefinite duration (domestic partner); (3) an adult child; (4) a parent; (5) an adult brother or sister; (6) a grandparent; then an adult who has exhibited special care/concern and is familiar with the patient's values.
Can my agent override my living will?
No. Your agent must follow the clear wishes you write down. The living will guides your agent and your doctors; the agent fills in decisions you did not specifically address.
Do I have to file my directive with a court?
No. An advance directive is not filed with any court. You keep the signed original and give copies to your agent and your doctor so it is available when needed.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is general information, not legal or medical advice.
Disclaimer
This generator produces a general-purpose advance directive and is not legal or medical advice or a substitute for an attorney or your physician. Healthcare-directive law changes; the New Mexico requirements here are current as of 2026-06-05. A directive is only effective if signed as your state requires. For a serious illness, detailed treatment limits, or complex family situations, talk to your doctor and a New Mexico estate-planning attorney. RecordingLaw.com is not a law firm.
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