What is an Advance Healthcare Directive New Mexico?

An Advance Directive is a legal-written document about your future medical care. It is a gift to family members and friends so that they won't have to guess what you want if you no longer can speak for yourself.

Does an attorney have to draft an advance directive in New Mexico?

The procedure of creating advance directives is simple, you do not require an attorney though you may choose to consult one. However, an advance directive either it is written or oral needs to be witnessed by two individuals.

Who makes medical decisions if you are incapacitated in New Mexico?

Under New Mexico law, incapacity means when a physician declares that the individual can longer give informed consent. Any person may designate someone to make health care decisions on their behalf should they become incapacitated in New Mexico.

What are the 2 major challenges with advance directives?

The scope of advance directives is limited. An older adult, for instance, could not completely comprehend treatment options or be aware of the long-term effects of particular decisions. Sometimes after making preliminary decisions, people change their minds and neglect to tell others.

How do I get a medical power of attorney in New Mexico?

It is the same as creating a document of Advance Directive. Firstly, choose Your Surrogate/Acting Agent, be specific on what decisions your Power of Attorney can make for you, and fill out your New Mexico Medical Power of Attorney Form. Lastly, sign your document before subscribing to witnesses and a Notary Public.

New Mexico Advance Directive

A person's Living Will and Medical Power of Attorney combine to form an Advance Directive when they decide to make both of these legal instruments.
In accordance with the laws in your state, an advance directive may include your signature, the names of witnesses, their signatures, etc. There are several regulations that must be observed by each state. Some states demand witnesses and notaries, while others search for other requirements to be met.

Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably.

In this article, you will get a complete guide for making an Advance Directive for Healthcare in New Mexico. ‍

Legal Requirements for a valid Advance Directive

Written by the grantor/declarant (i.e. the maker of an Advance Directive): Yes
Grantor must be:

Above the age of 18 years: Yes/ an emancipated married minor, who is on active duty in the armed forces/who has been declared by court order to be emancipated.
Sound mind and memory: Yes

Signed by the grantor: Yes
Signed by Proxy/Agent: No
Proxy/agent accepts his role in writing: No
Witness required: Yes
Number of witnesses: 2
Signed by the witnesses: Yes
Number of documents required: 1
Other names for a Living Will: Advance Directive for Healthcare
Other names for a Healthcare Power of attorney: Advance Directive for Healthcare
Proxy can decide on mental health issues: No

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Who can be your witnesses in the New Mexico Advance Directive?

Anyone can be your witness in New Mexico if

He is an adult i.e., above 18 years of age, and
He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Who can be your Proxy in the New Mexico Advance Directive?

Anyone can be your Proxy/Agent in New Mexico if;

He is an adult i.e., above 18 years of age, and
He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Who cannot be your Proxy/Agent:

Your supervising healthcare professional,
The owner, administrator, or employee of a community care facility or residential care facility if you are getting care there,
If you are a patient in a medical facility, you are one of its staff members.

Unless*: that person is related to you by blood, marriage, or adoption.

Other than the above legal requirements, the Proxy/Agent should be:

Trustable to adhere to your wishes and intentions.
Trustable to defend you if there’s any disagreement about your medical care.
He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
He should not be your doctor or one of the caretakers.

Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.

When does an Advance Directive come into effect in New Mexico?

When an Advance Directive is signed by the grantor, the proxy, and witnesses in New Mexico, it becomes legally binding but does not take effect immediately.
A doctor must certify that you are incapable of making decisions for yourself and have become disabled as a result of illness or injury before an advance directive takes effect.
Note: Unless your doctor declares you incapable of understanding and communicating your requests and permission, your New Mexico Advance Directive will not take effect in any medical crisis or emergency.

How can an Advance Directive be revoked?

You can revoke or terminate your New Mexico Advance Directive at anytime by:

A written revocation or directing any other person to write on your behalf,
An oral revocation,
Tearing, burning, and obliterating or destroying the document in any other way,
Executing a new Advance Directive, and
In any way which unambiguously conveys your intent to revoke.

Note: You may revoke the designation of your agent only by a signed writing ( witnessed by two adults who sign in your presence, the presence of each other, and in the presence of the person signing for you) or by personally informing your supervising health-care provider. If you are unable to sign, you can direct someone else to sign for you.

Learn about the requirements of New Mexico Last Will and Testament and New Mexico Last Will and Testament Template.

How to amend or change an Advance Directive?

You can make changes or amend your Advance Directive at any time in New Mexico but once it was witnessed and signed you have to remake a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.

New Mexico rules for changing Marital status after making your Advance Directive

Divorce from the spouse will not make any effect on the validity of the New Mexico Advance Directive unless the spouse was named as an agent in the Power of Attorney for Healthcare, the divorce or annulment of marriage or legal separation will revoke the healthcare agent's power with immediate effect.

If you would prefer that no effect should be there on the Advance Directive after marriage or on divorce, you may add it in “other wishes” in your Advance Directive for healthcare.

Parts of the New Mexico Advance Directive Form

Part 1: Appointment of Healthcare Agent

You can fill this form out and provide all the details. The appointment of the Healthcare Proxy/Agent and his details will be filled along with the instructions for the Proxy/Agent to follow.

On the left side, you will find a gray box that contains all the instructions that will help you in the application process.

New Mexico Advance Directive Sample Form

PART 1: POWER OF ATTORNEY FOR HEALTH-CARE DECISIONS

(1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health-care decisions for me:

(Name of individual you choose as agent) (address) (city) (state) (zip code) (home phone) (work phone)

If I revoke my agent’s authority or if my agent is not willing, able, or reasonably available to make a health-care decision for me, I designate as my first alternate agent:

(Name of individual you choose as first alternate agent) (address) (city) (state) (zip code) (home phone) (work phone)

If I revoke the authority of my agent and first alternate agent or if neither is willing, able, or reasonably available to make a health-care decision for me, I designate as my second alterna…

…..

Part 2: Treatment Preferences

New Mexico Advance Directive Sample Form

PART 2: INSTRUCTIONS FOR HEALTH CARE

[ ] I Choose NOT To Prolong Life: I do not want my life to be prolonged. I Choose To Prolong Life: I want my life to be prolonged as long as possible within the limits of generally accepted health care standards.

[ ] I Choose To Let My Agent Decide: My agent under my power of attorney for health care may make life-sustaining treatment decisions for me.

(7) ARTIFICIAL NUTRITION AND HYDRATION: Artificial nutrition and hydration must be provided, withheld or withdrawn in accordance with the choice I have made in paragraph (6) unless I mark the following box.

If I mark this box [ ], artificial nutrition and hydration must be provided regardless of my condition and regardless of the choice I have made in paragraph (6).

(8) RELIEF FROM PAIN: If I mark this box [ ], I direct that treatment to

…..

Part 3: Primary Physician

New Mexico Advance Directive Sample Form

PART 3 : PRIMARY PHYSICIAN

I designate the following physician as my primary physician:

(name of physician) (address) (city) (state) (zip code) (phone)

OPTIONAL: If the physician I have designated above is not willing, able, or reasonably available to act as my primary physician, I designate the following physician:

(name of physician) (address) (city) (state) (zip code) (phone)

Part 4: Execution

You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required.

New Mexico Advance Directive Sample Form

PART 4 : EXECUTION

Name

Address

Signature Date

Witnesses are recommended to avoid any concern that this document might be forged, that you were forced to sign it, or that it does not genuinely represent your wishes.

Witness No. 1

Name Address Signature Date

Witness No. 2

Name Address Signature Date

Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records.

Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.

Frequently Asked Questions

Jennifer Mcgee

Parent to five young children. Estate Planning, Probate, and Family Law Attorney. Volunteer with Victim’s Advocates in the local sheriff's department...