New Mexico Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in New Mexico who cannot decide: an agent, a guardian, or New Mexico's default surrogate order. Runs in your browser; nothing is stored.

New Mexico law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in New Mexico

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

New Mexico's default surrogate order

  1. Anyone the patient named by telling the supervising health care provider
  2. Spouse (Not if legally separated or an annulment, divorce or separation petition is pending)
  3. A long-term partner with a commitment similar to a spouse's
  4. An adult child
  5. A parent
  6. An adult brother or sister
  7. A grandparent
  8. An adult who has shown special care and concern and knows the patient's values (Only if none of the listed family members is reasonably available)
What it covers
A surrogate may make any health care decision for an adult or emancipated minor found to lack capacity, when no agent or guardian has been appointed or neither is reasonably available.
If more than one person is in the same group
The provider follows the majority of class members who have shared their views. If the class is evenly divided, that class and everyone lower are disqualified.
Who decides the person cannot decide
Unless the patient's directive says otherwise, two qualified health care professionals, one the primary care practitioner, determine lack of capacity.
Limits
  • A decision may not rest solely on a pre-existing condition or a disability.
  • An owner, operator or employee of the facility where the patient is treated cannot serve unless related by blood, marriage or adoption.
  • A provider may require a written declaration under penalty of perjury showing the person's claimed authority.
  • A surrogate's decision is effective without court approval.

Source: N.M. Stat. Ann. 24-7A-5 · Checked October 26, 2026

Less certain: This list was read from a stored copy of the New Mexico statutes, and bills from 2024 and 2025 were not checked.

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