Free New Mexico Medical Power of Attorney Forms

New Mexico Medical Power of Attorney Laws

• New Mexico Statutes Annotated 1978, Chapter 24: Health and Safety - the main law that provides for the creation of medical powers of attorney in the state. The law defines the Advance Healthcare Directive as “means an individual instruction or power of attorney for healthcare made, in either case, while the individual has capacity” (NM Stat § 24-7A-1A).
• Capacity - two qualified healthcare professionals must determine a person’s capacity or lack thereof. It states, “If the lack of capacity is determined to exist because of mental illness or developmental disability, one of the qualified healthcare professionals shall be a person whose training and expertise aid in the assessment of functional impairment” (NM Stat § 24-7A-11C).

Signing Requirements in New Mexico

In New Mexico, a medical POA is considered legal even without the signatures of a notary public or witnesses. However, having at least two people witness the signing of the document is ideal. The form is considered an agent’s legal permission to make healthcare decisions on behalf of another, who is legally referred to as the principal.

How to Write a Medical POA in New Mexico

When an ill person becomes mentally incapacitated, it is understood that they can no longer make medical decisions for themselves. With the medical POA, the agent will make the hard medical decisions.

Here are the steps in creating the POA:

1. Choose a person you can trust

Being a healthcare agent is an important responsibility for anyone. As the principal, you must think long and hard about the person you choose to be your agent. It must be someone you trust with your life–literally. There are times when the agent makes the hard decisions pertaining to your end-of-life care and situation.

In many cases, the most obvious choice is a close family member. It could be a spouse, child, sibling, or parent. In other cases, principals may be more comfortable asking a friend to be the healthcare agent.

Everyone has a different person they trust the most who would make the best healthcare agent. There are also times when the person you trust the most may not be up to the task, especially when it comes to end-of-life matters.

2. Create the New Mexico Medical Power of Attorney Form

You can simplify the process by downloading a printable template online. Find a fillable New Mexico Medical POA form. The New Mexico Statutes has an optional form you can print out or modify. It states, “You have the right to give instructions about your own healthcare.

You also have the right to name someone else to make healthcare decisions for you. This form lets you do either or both of these things. It also lets you express your wishes regarding the designation of your primary care practitioner” (NM Stat § 24-7A-11C).

3. Sign the document

Review the content of the POA. Once satisfied with the provisions, you can sign the document, which acts as the agent’s legal authority to make decisions on your behalf. It could be a durable medical POA, which means the authority will continue even when you become mentally incompetent. The other option is a springing medical POA, where the power springs into action when the principal becomes incapacitated. In New Mexico, you can have two people sign as witnesses, but this is optional.

4. Keep and provide copies to significant people

Make sure you keep the original copy of the POA. Give the same to your agent and others you think should have a copy, such as your doctor and other healthcare providers. A copy of the medical POA must be presented every time the agent makes healthcare decisions on your behalf.

5. Use the New Mexico Medical POA

The document is now ready for use. Inform the agent that they must bring the POA copy every time they decide on your medical treatment, procedures, and overall care.