New Mexico
New Mexico Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 11 primary sources cited on this page. How we verify our legal content
New Mexico adopted the Uniform Power of Attorney Act (UPOAA) as N.M. Stat. Ann. 45-5B-101 through 45-5B-403, giving the state a modern, unified framework for financial powers of attorney. Under this framework, a power of attorney is durable by default: it continues to be effective even if the principal later loses capacity, unless the document expressly says otherwise (N.M. Stat. Ann. 45-5B-104). Healthcare decision-making is a separate matter entirely, governed by the Uniform Health-Care Decisions Act at N.M. Stat. Ann. 24-7A-1 through 24-7A-18, and must be documented in its own distinct instrument. A financial power of attorney does not authorize medical decisions, and a healthcare power of attorney does not control finances.
For the full 50-state overview, see our national Power of Attorney guide.
What a Power of Attorney Does in New Mexico
A power of attorney is a written legal document in which one person, the principal, grants authority to another person, the agent (also called an attorney-in-fact), to act on the principal's behalf in financial, legal, property, and related matters. The scope can be broad, covering banking, real estate, investment accounts, taxes, and business operations, or it can be narrow, limited to a single transaction such as signing a real estate closing while the principal is out of state. Whatever authority the document grants ceases the moment the principal dies. A power of attorney is not a substitute for a will and cannot direct the distribution of assets after death.
New Mexico draws a firm line between financial authority and healthcare authority. Financial and property powers fall under the Uniform Power of Attorney Act at N.M. Stat. Ann. 45-5B-101 through 45-5B-403. Healthcare decisions fall under a separate statute, the Uniform Health-Care Decisions Act at N.M. Stat. Ann. 24-7A-1 through 24-7A-18. A financial POA cannot confer authority over medical care, and a healthcare POA cannot authorize financial transactions. Many New Mexico residents sign both documents as part of a coordinated estate plan.
The principal retains full authority to act on their own behalf after executing a power of attorney. Signing a POA does not transfer ownership of any asset or diminish the principal's own legal capacity to manage their affairs.
Durable Power of Attorney in New Mexico
Under N.M. Stat. Ann. 45-5B-104, a power of attorney created under the Uniform Power of Attorney Act is durable unless the document expressly provides that it is terminated by the incapacity of the principal. This durable-by-default rule is the cornerstone of New Mexico's UPOAA framework.
The practical effect is significant. Under the older common-law rule, a power of attorney became void the moment the principal lost legal capacity, precisely when an agent's authority was most needed. New Mexico's modern statute reverses that outcome. A principal who executes a standard POA without any special language gets a durable document that survives incapacity automatically.
A principal who wants a non-durable arrangement that ends at incapacity must include explicit language saying so. A principal may also create a springing power of attorney that becomes effective only upon a future event, such as a written medical determination of incapacity. Unless the document designates someone to determine incapacity, that determination would typically be made by a physician or other qualified professional.
The durable-by-default rule also protects families who may have older POA documents that do not include explicit durability language. Under N.M. Stat. Ann. 45-5B-104, unless the document expressly opts out, durability is presumed.
How to Create a Valid New Mexico Power of Attorney
Execution requirements for a New Mexico financial power of attorney are set out in N.M. Stat. Ann. 45-5B-105.
Signature. The principal must sign the power of attorney. If the principal is physically unable to sign, another individual may sign the principal's name at the principal's direction, but only in the principal's conscious presence.
Notarization. A signature on a power of attorney is presumed to be genuine if the principal acknowledges it before a notary public or another individual authorized by law to take acknowledgments. Notarization is strongly advisable in practice: banks, title companies, and financial institutions are far more likely to accept a notarized POA without demanding further evidence of authenticity.
Witnesses. No separate witness signatures are required for a financial power of attorney under N.M. Stat. Ann. 45-5B-105. This distinguishes New Mexico from states that require two witnesses in addition to notarization.
Statutory form. New Mexico provides a statutory form power of attorney under N.M. Stat. Ann. 45-5B-301 that principals may use directly. This form clearly identifies the principal and agent, lists available categories of authority to be selected, and includes a section for special instructions and hot-power grants. Using the statutory form is not required, but third parties are obligated under N.M. Stat. Ann. 45-5B-120 to accept an acknowledged statutory form POA within the mandatory timeframes.
A well-drafted New Mexico POA should clearly identify the principal and agent by full legal name, state the effective date or triggering condition, and specify the scope of authority granted.
What a New Mexico Agent Can and Cannot Do
The scope of a New Mexico agent's authority depends entirely on what the document grants. When a power of attorney references all acts the principal could perform or cites the governing statute, the agent may exercise general authority covering real property transactions, tangible personal property, financial institution accounts, stocks and bonds, insurance, retirement plans, taxes, trusts, and personal and family maintenance.
Hot powers requiring express grant. Certain actions are treated as high-stakes authorities that require an explicit grant in the document, even if the POA uses broad general-authority language. Under N.M. Stat. Ann. 45-5B-201, these powers include the authority to:
- Create, amend, revoke, or terminate an inter vivos trust.
- Make a gift on behalf of the principal.
- Create or change rights of survivorship on jointly held property.
- Create or change a beneficiary designation on a life insurance policy, retirement account, or transfer-on-death instrument.
- Delegate the agent's authority to another person.
- Waive the principal's right to be a beneficiary of a joint and survivor annuity or survivor benefit under a retirement plan.
- Exercise delegable fiduciary powers that the principal holds.
- Disclaim an interest in property.
General authority language does not confer any of these powers. Each must be spelled out expressly. An agent who is not the principal's ancestor, spouse, or descendant may not exercise a hot power in a way that creates an interest in the agent's own favor unless the document expressly permits that self-dealing.
Agent duties. Under N.M. Stat. Ann. 45-5B-114, an agent who accepts appointment must act in accordance with the principal's reasonable expectations and best interest, in good faith, and within the scope of authority granted. Additional duties, which apply unless modified in the POA, include maintaining loyalty to the principal, avoiding conflicts of interest, exercising ordinary care and competence, keeping records of all transactions, cooperating with healthcare decision-makers, and preserving the principal's estate plan to the extent consistent with the principal's best interest. An agent who breaches these duties may be held liable for resulting harm.
Third-party acceptance. Under N.M. Stat. Ann. 45-5B-119 and 45-5B-120, a person presented with an acknowledged statutory form power of attorney must either accept it or, within seven business days, request a certification of the agent's authority, a translation, or a legal opinion of counsel. If such documentation is requested, the institution must then accept the POA within five business days of receiving it. A person who wrongfully refuses an acknowledged statutory form POA may be ordered by a court to honor it and may be required to pay the principal's or agent's reasonable attorney fees and costs.
Health-Care Decisions and Medical POA in New Mexico
Healthcare decision-making in New Mexico is governed by a completely separate statute, the Uniform Health-Care Decisions Act, N.M. Stat. Ann. 24-7A-1 through 24-7A-18. This is an entirely different legal instrument from the financial power of attorney and must be executed as its own separate document.
A New Mexico healthcare power of attorney allows an adult or emancipated minor with capacity to authorize an agent to make any healthcare decision that the principal could have made while capable. The document is an advance health-care directive under N.M. Stat. Ann. 24-7A-2 and may also include individual instructions, such as preferences about life-sustaining treatment, organ donation, or specific medical interventions.
Execution requirements. Under N.M. Stat. Ann. 24-7A-2(B), a power of attorney for health care must be in writing and signed by the principal. No witnesses or notarization are legally required under the New Mexico statute for a healthcare POA to be valid. However, notarization or witness signatures are recommended as a practical matter because healthcare facilities and providers may request them to verify the document's authenticity.
Agent restrictions. Unless related to the principal by blood, marriage, or adoption, an agent may not be an owner, operator, or employee of a healthcare institution at which the principal is receiving care at the time the document is executed (N.M. Stat. Ann. 24-7A-2(B)). This restriction protects principals from facility staff steering healthcare decisions for institutional convenience.
When the agent's authority becomes effective. Under N.M. Stat. Ann. 24-7A-2(C), unless the document specifies otherwise, the agent's authority under a healthcare POA becomes effective only upon a determination that the principal lacks capacity. It ceases to be effective if the principal later recovers capacity. A principal who wants the agent to be able to act immediately may specify that in the document.
Agent duties. Under N.M. Stat. Ann. 24-7A-2(E), the healthcare agent must make decisions in accordance with the principal's individual instructions, if any, and otherwise in accordance with the principal's known wishes or best interest. The agent must take into account the principal's personal values when making treatment decisions.
Revocation. Under N.M. Stat. Ann. 24-7A-3, revocation works differently depending on what is being revoked. A principal with capacity may revoke all or part of an advance health-care directive, other than the designation of an agent, at any time and in any manner that communicates intent to revoke. Revoking the agent designation itself requires either a signed writing or personally informing the supervising health-care provider; if the principal cannot sign, the written revocation must be signed for the principal and witnessed by two witnesses. A healthcare provider, agent, or surrogate who learns of a revocation must promptly communicate that fact to the supervising healthcare provider and to any healthcare institution involved in the principal's care. Notably, the filing of a petition for, or a decree of, annulment, divorce, dissolution of marriage, or legal separation automatically revokes a prior designation of a spouse as healthcare agent, unless the directive or a court order says otherwise.
A financial power of attorney grants no authority over healthcare. If you want someone to manage both your finances and your medical care during incapacity, you must execute both a financial POA under N.M. Stat. Ann. 45-5B-101 et seq. and a separate healthcare POA under N.M. Stat. Ann. 24-7A-1 et seq.
Revoking or Ending a New Mexico Power of Attorney
Under N.M. Stat. Ann. 45-5B-110, a New Mexico financial power of attorney terminates when any of the following occurs:
- The principal dies.
- The principal revokes the POA while retaining the capacity to do so.
- The principal becomes incapacitated, if the POA is not durable.
- The POA provides an expiration date and that date arrives.
- The purpose of a limited POA is accomplished.
- The agent dies, becomes incapacitated, or resigns, and no successor agent is named in the document.
- An action is filed for the dissolution or annulment of the agent's marriage to the principal, or for their legal separation, unless the power of attorney otherwise provides (N.M. Stat. Ann. 45-5B-110).
A principal with capacity may revoke a financial POA at any time by notifying the agent. Written notice is best practice. It is also important to notify any bank, financial institution, or other third party that holds a copy of the POA. If the POA was recorded with a county clerk in connection with real property transactions, the revocation should likewise be recorded. Under N.M. Stat. Ann. 45-5B-110, revocation is not effective against an agent or a third party who, without actual knowledge of the revocation, acts in good faith in reliance on the POA.
Importantly, executing a new power of attorney does not automatically revoke an earlier one in New Mexico. The Uniform Power of Attorney Act provides that a subsequent POA revokes a prior one only if the new document expressly says so. Principals who intend to replace an agent should include an explicit revocation clause in the new document.
A healthcare power of attorney terminates upon the principal's death, the principal's revocation, or upon the agent's death, incapacity, or resignation (N.M. Stat. Ann. 24-7A-3). Filing for divorce, annulment, dissolution, or legal separation from a spouse designated as healthcare agent also automatically revokes that designation.
Disclaimer: This page provides general legal information about New Mexico power of attorney laws and is not legal advice. Laws change and individual circumstances vary. Consult a licensed New Mexico attorney for advice specific to your situation.
Statutes cited reflect their in-force version as of May 31, 2026.
More New Mexico Laws
Frequently Asked Questions
Is a New Mexico power of attorney durable by default?
Yes. Under N.M. Stat. Ann. 45-5B-104, a power of attorney created under New Mexico's Uniform Power of Attorney Act (N.M. Stat. Ann. 45-5B-101 through 45-5B-403) is durable by default and survives the principal's incapacity unless the document expressly states that it terminates at incapacity. No special durability language is required. A principal who wants a non-durable POA must include an explicit opt-out provision.
Does a New Mexico financial power of attorney require witnesses?
No. Under N.M. Stat. Ann. 45-5B-105, a New Mexico financial power of attorney is valid once it is signed by the principal; notarization is not required for validity, and no separate witness signatures are required either. Notarization is strongly recommended in practice because an acknowledged signature is presumed genuine under 45-5B-105, which makes banks and other third parties far more likely to accept the document without demanding further proof.
What are the hot powers under New Mexico's power of attorney law?
Under N.M. Stat. Ann. 45-5B-201, hot powers are authorities so consequential that they require an express grant in the document. They include: creating, amending, revoking, or terminating an inter vivos trust; making gifts; creating or changing rights of survivorship; creating or changing beneficiary designations; delegating agent authority; waiving rights to a joint and survivor annuity; exercising delegable fiduciary powers; and disclaiming property interests. If these powers are not expressly listed in the POA, the agent cannot exercise them regardless of how broad the general authority language is.
Can a New Mexico financial power of attorney authorize medical decisions?
No. A financial power of attorney under N.M. Stat. Ann. 45-5B-101 et seq. does not authorize anyone to make healthcare decisions. Healthcare authority must be created separately under the Uniform Health-Care Decisions Act at N.M. Stat. Ann. 24-7A-1 et seq. The two instruments are distinct legal documents covering separate domains, and neither substitutes for the other.
What are the execution requirements for a New Mexico healthcare power of attorney?
Under N.M. Stat. Ann. 24-7A-2, a New Mexico healthcare power of attorney must be in writing and signed by the principal. Unlike the financial POA, no notarization or witness signatures are legally required for validity. However, both are recommended to help healthcare providers and facilities verify the document. A principal must have legal capacity at the time of signing.
What happens if a bank refuses to honor my New Mexico power of attorney?
Under N.M. Stat. Ann. 45-5B-120, a bank or other institution presented with an acknowledged statutory form power of attorney must either accept it or, within seven business days, request a certification, translation, or legal opinion. If documentation is requested, the institution must then accept within five business days of receiving it. A party that wrongfully refuses a valid POA can be ordered by a court to honor it and may be required to pay the principal's or agent's reasonable attorney fees and costs.
How do I revoke a New Mexico power of attorney?
A principal with capacity can revoke a New Mexico financial POA at any time by notifying the agent, preferably in writing (N.M. Stat. Ann. 45-5B-110). Notify any financial institution or third party holding a copy of the POA. If the POA was recorded for a real property transaction, record the revocation with the county clerk. Keep in mind that a new POA does not automatically revoke an earlier one in New Mexico. You must include an explicit revocation clause in the new document to replace an existing POA.
Updates
Corrected a FAQ answer that overstated notarization as a validity requirement for a New Mexico financial power of attorney (it only creates a genuineness presumption); added legal separation to the list of events that automatically revoke a spouse's healthcare-agent designation; fixed a statute citation that pointed to a bill lacking the revocation section it was attached to; and corrected the enactment history noted for the health-care decisions act citation.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Clarified that New Mexico's informal 'any time, any manner' revocation standard for advance health-care directives does not apply to revoking the designated agent, which requires a signed writing or personally informing the supervising provider.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Mexico Statutes Annotated 1978, Chapter 24
§ 24-7A-1DefinitionsIn forcecited in 2 of our articles
As used in the Uniform Health-Care Decisions Act: A. "advance health-care directive" means an individual instruction or a power of attorney for health care made, in either case, while the individual has capacity; B. "agent" means an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power; C. "capacity" means an individual's ability to understand and appreciate the nature and consequences of proposed health care, including its significant benefits, risks and alternatives to proposed health care and to make and communicate an informed health- care decision. A determination of lack of capacity shall be made only according to the provisions of Section 24-7A-11 NMSA 1978; D. "emancipated minor" means an individual between the ages of sixteen and eighteen who has been married, who is on active duty in the armed forces or who has been declared by court order to be emancipated; E. "guardian" means a judicially appointed guardian or conservator having authority to make a health-care decision for an individual; F.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 7 court opinionsMost recently applied by a court: 2023
Leading cases: Hartford Insurance v. Cline (New Mexico Supreme Court 2006, 140 N.M. 16) · Griego v. Oliver (New Mexico Supreme Court 2013, 2014 NMSC 3) · Barron v. Evangelical Lutheran Good Samaritan Society (New Mexico Court of Appeals 2011, 150 N.M. 669)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 24-7A-2Advance health-care directivesIn forcecited in 2 of our articles
A. An adult or emancipated minor, while having capacity, has the right to make his or her own health-care decisions and may give an individual instruction. The instruction may be oral or written; if oral, it must be made by personally informing a health-care provider. The instruction may be limited to take effect only if a specified condition arises. B. An adult or emancipated minor, while having capacity, may execute a power of attorney for health care, which may authorize the agent to make any health-care decision the principal could have made while having capacity. The power must be in writing and signed by the principal. The power remains in effect notwithstanding the principal's later incapacity under the Uniform Health-Care Decisions Act or Article 5 of the Uniform Probate Code [Chapter 45, Article 5 NMSA 1978]. The power may include individual instructions. Unless related to the principal by blood, marriage or adoption, an agent may not be an owner, operator or employee of a health-care institution at which the principal is receiving care. C.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 1 court opinionsMost recently applied by a court: 2010
Leading cases: Barker v. Evangelical Lutheran Good Samaritan Society (District Court, D. New Mexico 2010, 720 F. Supp. 2d 1263)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 24-7A-3Revocation of advance health-care directiveIn forcecited in 2 of our articles
A. An individual, while having capacity, may revoke the designation of an agent either by a signed writing or by personally informing the supervising health-care provider. If the individual cannot sign, a written revocation must be signed for the individual and be witnessed by two witnesses, each of whom has signed at the direction and in the presence of the individual and of each other. B. An individual, while having capacity, may revoke all or part of an advance health- care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke. C. A health-care provider, agent, guardian or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the supervising health-care provider and to any health-care institution at which the patient is receiving care. D. The filing of a petition for or a decree of annulment, divorce, dissolution of marriage or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in a power of attorney for health care.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
New Mexico Statutes Annotated 1978, Chapter 45
§ 45-5B-101Short titleIn forcecited in 2 of our articles
This act [45-5B-101 to 45-5B-403 NMSA 1978] may be cited as the "Uniform Power of Attorney Act".
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 3 court opinionsMost recently applied by a court: 2023
Leading cases: Sanderson v. Genesis Healthcare, Inc. (New Mexico Court of Appeals 2023) · Braswell v. Whitefeather (New Mexico Court of Appeals 2023) · Campbell v. Lieb (New Mexico Court of Appeals 2018)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 45-5B-104Power of attorney is durableIn forcecited in 2 of our articles
A power of attorney created under the Uniform Power of Attorney Act is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 45-5B-105Execution of power of attorneyIn forcecited in 2 of our articles
A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 45-5B-110Termination of power of attorney or agent's authorityIn forcecited in 2 of our articles
A. A power of attorney terminates when: (1) the principal dies; (2) the principal becomes incapacitated, if the power of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power of attorney provides that it terminates; (5) the purpose of the power of attorney is accomplished; or (6) the principal revokes the agent's authority or the agent dies, becomes incapacitated or resigns and the power of attorney does not provide for another agent to act under the power of attorney. B. An agent's authority terminates when: (1) the principal revokes the authority; (2) the agent dies, becomes incapacitated or resigns; (3) an action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or (4) the power of attorney terminates. C. Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under Subsection B of this section, notwithstanding a lapse of time since the execution of the power of attorney. D.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 45-5B-114Agent's dutiesIn forcecited in 2 of our articles
A. Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (1) act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (2) act in good faith; and (3) act only within the scope of authority granted in the power of attorney. B. Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall: (1) act loyally for the principal's benefit; (2) act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest; (3) act with the care, competence and diligence ordinarily exercised by agents in similar circumstances; (4) keep a record of all receipts, disbursements and transactions made on behalf of the principal; (5) cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and otherwise act in the principal's best interest; and (6) attempt to preserve the principal's estate plan, to the extent…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 45-5B-119Acceptance of and reliance upon acknowledged power of attorney.In forcecited in 2 of our articles
A. For purposes of this section and Section 120 [45-5B-120 NMSA 1978] of the Uniform Power of Attorney Act, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments. B. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under Section 105 [45-5B-105 NMSA 1978] of the Uniform Power of Attorney Act that the signature is genuine. C. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid or terminated that the purported agent's authority is void, invalid or terminated or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect and the agent had not exceeded and had properly exercised the authority. D.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cross-referenced in the statute itself: § 45-5B-105, § 45-5B-120
§ 45-5B-120Liability for refusal to accept acknowledged power of attorney.In forcecited in 2 of our articles
A. As used in this section, "statutory form power of attorney" means a power of attorney substantially in the form provided in Section 301 [45-5B-301 NMSA 1978] of the Uniform Power of Attorney Act or that meets the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1046, as amended. B. Except as otherwise provided in Subsection C of this section: (1) a person shall either accept an acknowledged statutory form power of attorney or request a certification, a translation or an opinion of counsel under Subsection B of Section 119 [45-5B-119 NMSA 1978] of the Uniform Power of Attorney Act no later than seven business days after presentation of the power of attorney for acceptance; (2) if a person requests a certification, a translation or an opinion of counsel under Subsection D of Section 119 of the Uniform Power of Attorney Act, the person shall accept the statutory form power of attorney no later than five business days after receipt of the certification, the translation or an opinion of counsel; and (3) a person shall not require an additional or different form of power of attorney for authority granted in the statutory form power of…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cross-referenced in the statute itself: § 45-5B-119, § 45-5B-301
§ 45-5B-201Authority that requires specific grant; grant of general authority.In forcecited in 2 of our articles
A. An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: (1) create, amend, revoke or terminate an inter vivos trust; (2) make a gift; (3) create or change rights of survivorship; (4) create or change a beneficiary designation; (5) delegate authority granted under the power of attorney; (6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; (7) exercise fiduciary powers that the principal has authority to delegate; or (8) disclaim property, including a power of appointment. B.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 1 court opinionsMost recently applied by a court: 2023
Leading cases: Braswell v. Whitefeather (New Mexico Court of Appeals 2023)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 45-5B-301Statutory form power of attorneyIn forcecited in 2 of our articles
A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by the Uniform Power of Attorney Act: "NEW MEXICO STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act. This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one agent.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
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Sources and References
- N.M. Stat. Ann. 45-5B-101: Short title: Uniform Power of Attorney Act (New Mexico Legislature, Laws 2007 ch. 135)(nmlegis.gov).gov
- N.M. Stat. Ann. 45-5B-104: Power of attorney is durable (NMSA 1978)(nmlegis.gov).gov
- N.M. Stat. Ann. 45-5B-105: Execution of power of attorney (NMSA 1978)(nmlegis.gov).gov
- N.M. Stat. Ann. 45-5B-110: Termination of power of attorney or agent authority (NMSA 1978)(nmlegis.gov).gov
- N.M. Stat. Ann. 45-5B-114: Agent duties and fiduciary obligations (NMSA 1978)(nmlegis.gov).gov
- N.M. Stat. Ann. 45-5B-119: Acceptance of and reliance upon acknowledged power of attorney (NMSA 1978)(nmlegis.gov).gov
- N.M. Stat. Ann. 45-5B-120: Liability for refusal to accept acknowledged power of attorney (NMSA 1978)(nmlegis.gov).gov
- N.M. Stat. Ann. 45-5B-201: Authority that requires specific grant; grant of general authority (NMSA 1978)(nmlegis.gov).gov
- N.M. Stat. Ann. 45-5B-301: Statutory form power of attorney (NMSA 1978)(twelfthdistrict.nmcourts.gov).gov
- N.M. Stat. Ann. 24-7A-1 et seq.: Uniform Health-Care Decisions Act (NMSA 1978, enacted Laws 1995, ch. 182; amended by Laws 2001, SB 490 and others)(nmlegis.gov).gov
- N.M. Stat. Ann. 24-7A-2: Advance health-care directives (NMSA 1978)(nmlegis.gov).gov
- N.M. Stat. Ann. 24-7A-3: Revocation of advance health-care directive (NMSA 1978)(law.justia.com)