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.
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Who has authority in New Mexico
- 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.
- 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
- Anyone the patient named by telling the supervising health care provider
- Spouse (Not if legally separated or an annulment, divorce or separation petition is pending)
- A long-term partner with a commitment similar to a spouse's
- An adult child
- A parent
- An adult brother or sister
- A grandparent
- 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.
Who decides in New Mexico without a power of attorney?
New Mexico's default surrogate law (N.M. Stat. Ann. 24-7A-5) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Anyone the patient named by telling the supervising health care provider; the first relative listed is: Spouse.
New Mexico's default surrogate law in full
New Mexico's default surrogate order
- Anyone the patient named by telling the supervising health care provider
- Spouse (Not if legally separated or an annulment, divorce or separation petition is pending)
- A long-term partner with a commitment similar to a spouse's
- An adult child
- A parent
- An adult brother or sister
- A grandparent
- 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.
How authority works when someone cannot decide
An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.
The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.
For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.
There is no "next of kin" list for money
Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.
Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.
What this tool does not do
- It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
- It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
- Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
- It is general legal information, not legal advice for your situation.
Frequently Asked Questions
Who makes medical decisions in New Mexico if there is no power of attorney?
New Mexico's default surrogate law (N.M. Stat. Ann. 24-7A-5) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Anyone the patient named by telling the supervising health care provider; the first relative listed is: Spouse. The full order, tie rule and limits are in N.M. Stat. Ann. 24-7A-5.
Does next of kin in New Mexico have authority over money?
No default surrogate law covers money. In New Mexico, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.
Sources
- N.M. Stat. Ann. 24-7A-5 (Uniform Health-Care Decisions Act, decisions by surrogate (24-7A-5))
- Social Security: representative payee FAQ
New Mexico law checked against the official text on October 26, 2026.
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