New Mexico Powers

Power of Attorney broadly refers to one's authority to act and make decisions on behalf of another person in all or specified financial or legal matters.Durable POA is a specific kind of power of attorney that remains in effect even after the represented party becomes mentally incapacitated.

1. Durable Power of Attorney. A durable power of attorney, or DPOA, is effective immediately after you sign it (unless stated otherwise), and allows your agent to continue acting on your behalf if you become incapacitated.

In many states, notarization is required by law to make the durable power of attorney valid. But even where law doesn't require it, custom usually does. A durable power of attorney that isn't notarized may not be accepted by people with whom your attorney-in-fact tries to deal.

A Power of Attorney might be used to allow another person to sign a contract for the Principal. It can be used to give another person the authority to make health care decisions, do financial transactions, or sign legal documents that the Principal cannot do for one reason or another.

A power of attorney is accepted in all states, but the rules and requirements differ from state to state.The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document.

A limited power of attorney grants the representative that you choose (the agent or attorney-in-fact) the power to act on your behalf under limited circumstances.Under a general power of attorney, the agent or attorney-in-fact can do anything that you can do.

General Power of Attorney. Durable Power of Attorney. Special or Limited Power of Attorney. Springing Durable Power of Attorney.

A general power of attorney is comprehensive and gives your attorney-in-fact all the powers and rights that you have yourself. For example, a general power of attorney may give your attorney-in-fact the right to sign documents for you, pay your bills, and conduct financial transactions on your behalf.

Summary: New Mexico enacts the Uniform Power of Attorney Act (UPOAA).The Act doesn't require a power of attorney to be notarized, but a court will presume the signature to be genuine if it is acknowledged before a Notary or an officer authorized to take acknowledgments.