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You should have a formal individual Will. You can write your own Will or have an attorney write it for you. If you are writing your own, be sure to use the most up-to-date information and correct procedures. A Will made in New Mexico or for a New Mexican without the requirements of New Mexico law is invalid!
The specifications and restrictions for Living Wills are different by state; however, in New Mexico, neither witnesses nor notarization are legally required. That said, both are recommended to help reinforce the legitimacy of your document.
An AHCD does not need to be witnessed or notarized to be effective in New Mexico. You can change your directive any time. A copy is as good as an original. Your Advance Health Care Directive goes into effect when two health care professionals determine that you lack the capacity to make your own decisions.
While it's feasible to create a living will on your own, hiring an attorney can be beneficial, especially if your healthcare wishes are complex. An attorney can provide legal advice tailored to your situation and ensure the document meets all legal requirements in New Mexico.
New Mexico's living wills statutes are highlighted below. (1) Of sound mind; (2) age of majority; (3) written or oral; (4) dated; (5) 2 adult witnesses; (6) effective when patient no longer able to make own health-care decisions. Revocable at any time in any way that communicates an intent to revoke.
A living will is a legal document.
The most common types of advance directives are the living will and the durable power of attorney for health care (sometimes known as the medical power of attorney). There are many advance directive formats.