NM · POA · Updated July 2026 · Free
New Mexico Power of Attorney
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New Mexico at a glance: Governing Law: N.M. Stat. § 45-5B-101 et seq. (UPOAA) · Notarization: Required · Witnesses: Not statutorily required
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Overview
Powers of Attorney in New Mexico
New Mexico has adopted the Uniform Power of Attorney Act, codified in the New Mexico Statutes. A financial POA must be notarized to be valid and is durable by default.
A separate optional advance health care directive is used for medical decisions in New Mexico.
Key Facts
New Mexico Power of Attorney — Quick Reference
| Requirement | New Mexico Rule |
|---|---|
| Governing Law | N.M. Stat. § 45-5B-101 et seq. (UPOAA) |
| Notarization | Required |
| Witnesses | Not statutorily required |
| Default Durability | Durable by default |
| Medical Decisions | Separate advance health care directive required |
Legal Requirements
New Mexico Legal Requirements
- Must be signed by the principal and acknowledged before a notary public.
- Durable by default under New Mexico's Uniform Power of Attorney Act.
- Agent has fiduciary duties to act in the principal's best interest.
- A separate advance health care directive is needed for medical decisions.
Governing Laws
New Mexico Governing Laws
N.M. Stat. § 45-5B-101 et seq.
Uniform Power of Attorney Act
Governs the creation, effect, and termination of powers of attorney in New Mexico.
Read the full text of these laws at Cornell Law School's New Mexico legal resources or your state legislature's official website.
Questions & Answers
New Mexico Power of Attorney — Frequently Asked Questions
Does a New Mexico POA need to be notarized?
Yes. New Mexico requires a financial POA to be acknowledged before a notary public.
Is a New Mexico POA durable by default?
Yes, under New Mexico's Uniform Power of Attorney Act.
Does a New Mexico POA cover healthcare decisions?
No. A separate advance health care directive is required for medical decisions.