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The New Mexico real estate power of attorney is a legal contract by which an individual, the principal, appoints an agent to represent them in making decisions regarding real estate. The agent may be given the authority to buy, sell, and manage property in the principal's name.
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.
When a person swears to be truthful in creating the affidavit, they are called an affiant. Affidavits are a vital part of court proceedings since they provide a written account of the details surrounding the case, which can make it easier for judges to make decisions. They are also useful for record-keeping purposes.
A valid power of attorney must be in writing and voluntarily signed by the person granting the power. The person's signature must be notarized. A person must be at least 18 years old to grant a power of attorney. If you want to get powers over health decisions, you must use an Advance Health Care Directive.
While New Mexico does not technically require you to get your POA notarized, notarization is strongly recommended. Under New Mexico law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuinemeaning your POA is more ironclad.
Here are the basic steps to help a parent or loved one make their power of attorney, and name you as their agent:Help the grantor decide which type of POA to create.Decide on a durable or non-durable POA.Discuss what authority the grantor wants to give the agent.Get the correct power of attorney form.More items...?
In order to make a power of attorney, you must be capable of making decisions for yourself. This is called having mental capacity see under heading, When does someone lack mental capacity? You can only make a power of attorney which allows someone else to do things that you have a right to do yourself.
No, in New Mexico, you do not need to notarize your will to make it legal. However, New Mexico allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.