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New Mexico Advance Directive

New Mexico Advance Directive

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
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10 Mins

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When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive. 

An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed. 

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

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.
Advance Directive New Mexico

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 health care provider, 
  •  if you are receiving care at a community care facility/residential care facility then its operator, its administrator, or its employee.
  •  if you are receiving care  at a health care institution then its employee.

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?

In New Mexico, an Advance Directive becomes legally valid but doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. 

An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your own and have become debilitated due to illness or injury.

Note: Your New Mexico Advance Directive will not be effective in any medical crisis or emergency unless you are declared incapacitated to understand and communicate your wishes and consent by your doctor.

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.

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Frequently Asked Questions

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?

Advance directives have limitations. For example, an older adult may not fully understand treatment options or recognize the consequences of certain choices in the future. Sometimes, people change their minds after expressing advance directives and forget to inform 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.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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