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Free New Mexico Medical Power of Attorney Form

A New Mexico medical power of attorney lets an adult or emancipated minor authorize an agent to make any health-care decision they could have made. Use our guided form to build a clear, signed document.

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  • E-sign included

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What Is a Medical Power of Attorney in New Mexico?

New Mexico calls this a power of attorney for health care under the Uniform Health-Care Decisions Act, NMSA 1978 Chapter 24, Article 7A. It can authorize your agent to make any health-care decision you could have made while you had capacity.

New Mexico Requirements Under Section 24-7A-2

Section 24-7A-2 sets a short list of requirements.

Who Can Sign

An adult or an emancipated minor can sign one, as long as they have capacity at the time.

Put It in Writing and Sign It

Your New Mexico medical power of attorney must be in writing and signed by you.

Instructions Can Be Oral or Written

Separately, New Mexico lets you give individual instructions about your care orally or in writing. An oral instruction must be made by personally informing a health-care provider. You can also limit an instruction so it applies only if a specified condition arises.

Does a New Mexico Medical Power of Attorney Need Witnesses?

Not under the section that governs it. Section 24-7A-2 describes the power as a writing signed by you, and that execution language does not add a witness or notary step.

Many people still add witnesses or a notary. That can make the document easier to use in other states or with institutions that expect them. If you plan to travel or move, ask a local attorney whether extra formalities make sense.

Use Only the Parts You Need

New Mexico’s optional form lets you complete or modify all or any part of it. If you only want to name an agent, you can skip the treatment instructions, or the other way around.

How to Sign Your New Mexico Medical Power of Attorney

Use this sequence to complete your New Mexico medical power of attorney form:

  1. Name your health-care agent and any alternates.
  2. Decide how much authority to give, up to any decision you could make yourself.
  3. Add written instructions, or note any conditions that must arise first.
  4. Sign the document while you have capacity.
  5. Add witnesses or a notary if you want the extra assurance.
  6. Give copies to your agent and your primary care practitioner.

What to Include in Your New Mexico Form

New Mexico’s optional advance health-care directive form, in NMSA § 24-7A-4, may be used but is not required. It explains your right to give instructions about your own care and to name someone else to decide for you. A New Mexico medical power of attorney usually includes:

  • Your agent and any alternates
  • Any limits on your agent’s authority
  • Instructions about treatments you want or refuse

The rest of the Uniform Health-Care Decisions Act governs the effect of this form or any other writing you use. Because the form may be modified, you can cross out sections that do not apply and add your own wording where you want more detail.