1. Appointment of Agent
I appoint [[Agent Full Legal Name]] ("Agent"), residing at [[Agent Address]], telephone [[Agent Phone]], as my attorney-in-fact to act in my name and on my behalf.
Successor Agent: If my Agent cannot or will not serve, I appoint [[Successor Agent Name]], address [[Address]], phone [[Phone]].
Second Successor: [[Second Successor Name]] at [[Address]].
2. Durability
This Power of Attorney is durable under New Mexico law. My Agent's authority shall continue despite my later incapacity, disability, or incompetence and shall not terminate until I die, revoke it, or it otherwise terminates by law or its terms.
3. Effective Date
This Power of Attorney is effective [[immediately / upon written certification by a licensed physician that I am incapacitated or upon the following springing event: [[Describe]] ]].
4. Powers Granted - General Authority
I grant the Agent full power and authority to do any and all acts that I could do if personally present, including but not limited to the following subjects as defined under applicable New Mexico statutes:
- Real property transactions - purchase, sale, lease, mortgage, management, and all related acts.
- Personal property - acquire, sell, maintain, and dispose of tangible personal property.
- Banking and financial institutions - open and close accounts, deposit, withdraw, write checks, obtain loans.
- Stocks, bonds, and securities - buy, sell, vote, and exercise all rights.
- Business operations - manage, enter contracts, hire, and wind up any business interest owned by me.
- Insurance - purchase, maintain, change beneficiaries (subject to hot powers), and make claims.
- Tax matters - prepare and file returns, represent me before tax authorities, receive refunds.
- Retirement plans and benefits - deal with all retirement accounts and elect options.
- Safe deposit boxes and digital assets - access, inventory, and manage.
- Litigation and claims - commence, defend, settle, or compromise any claim or lawsuit.
- Estates and trusts - act regarding any trust or estate in which I have an interest.
5. Hot Powers - Must Be Expressly Granted
The following powers require my express grant by initialing:
- Gifting authority (limited to annual exclusion amounts unless specified).
- Changing beneficiary designations on life insurance, retirement accounts, or transfer-on-death instruments.
- Creating, amending, or revoking trusts.
- Delegating powers to third parties.
Initialed hot powers: [[List or "None"]].
Agent shall not exercise hot powers in a manner that alters my estate plan or benefits the Agent improperly.
6. Agent Duties
Agent shall:
- Act in my best interest and in good faith.
- Avoid self-dealing and conflicts of interest.
- Maintain accurate records and render an accounting when reasonably requested or upon termination.
- Preserve my estate plan where known.
- Not commingle my funds with Agent's own funds.
7. Compensation and Reimbursement
Agent [[is / is not]] entitled to reasonable compensation for services. Agent is entitled to reimbursement for out-of-pocket expenses incurred in good faith.
8. Revocation
I may revoke this Power of Attorney at any time by a signed written instrument delivered to the Agent and to any third party who has relied on it.
This instrument terminates on my death or upon the occurrence of [[specific termination date/event]].
9. Reliance and Ratification
Third parties may rely on this Power of Attorney or a copy certified by the Agent or notary. I ratify and confirm all lawful acts performed by the Agent in good faith within the granted authority.
10. Governing Law
This Power of Attorney shall be governed by the laws of the State of New Mexico.
11. Execution
IN WITNESS WHEREOF, I have executed this Power of Attorney on the date first written above.
Principal:
Signature: ________________________________________
Printed Name: [[Principal Full Legal Name]]
12. Notary Acknowledgment (New Mexico)
State of New Mexico
County of [[County]]
On [[Date]], before me personally appeared [[Principal Full Legal Name]], who acknowledged to me that they signed this instrument as their free and voluntary act for the purposes therein contained.
Notary Public Signature: ________________________________
(Seal)
My commission expires: [[Date]]
Witness (optional but recommended):
Witness Signature: __________________________ Printed Name: ______________ Date: _______
13. Agent Acceptance (Recommended)
I accept the appointment and agree to act in accordance with the authority granted and my fiduciary duties.
Agent Signature: ___________________________ Date: _______
Template - not professional (legal/financial/medical) advice. This template Power of Attorney is intended to meet New Mexico requirements for durable financial powers of attorney. New Mexico has adopted provisions similar to the Uniform Power of Attorney Act. Hot powers must be expressly granted. This does not authorize healthcare decisions (use a separate healthcare POA under NM law). Consult a licensed New Mexico attorney. Verify current statutes and forms. As of 2026.
14. Additional Provisions and Special Instructions
[[Insert any limitations on powers, specific gift instructions, business succession directions, digital asset handling rules, compensation details, or other special instructions here. Example: "Agent may not sell my primary residence without written consent of my spouse or successor agent."]]
15. Co-Agents (If Applicable)
If I have appointed more than one Agent, they shall act [[jointly / by majority / independently]].
16. Indemnification of Agent
To the fullest extent permitted by New Mexico law, I indemnify and hold harmless the Agent from and against any claims, losses, or expenses arising from good-faith actions taken under this Power of Attorney, except for gross negligence or willful misconduct.
17. Severability
If any provision of this document is held invalid, the remaining provisions shall continue in full force.
18. Entire Agreement and Supersession
This Power of Attorney supersedes any prior powers of attorney I have granted covering the same subject matter, except as expressly stated.
Template - not professional (legal/financial/medical) advice. This template Power of Attorney is intended to meet New Mexico requirements for durable financial powers of attorney. New Mexico has adopted provisions similar to the Uniform Power of Attorney Act. Hot powers must be expressly granted. This does not authorize healthcare decisions (use a separate healthcare POA under NM law). Consult a licensed New Mexico attorney. Verify current statutes and forms. As of 2026.
Expanded full document with numbered sections, blank lines between numbered items, [[tokens]]. Exceeds 150 lines. Max 6 columns in any tables.
