Powers of Attorney
Section 45-5B-104 — a power of attorney is durable unless it says otherwise
A power of attorney under the Uniform Power of Attorney Act is durable, continuing through the principal's incapacity, unless it expressly says incapacity ends it.
Who handles this in New Mexico: Senior Citizens' Law Office; and legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
It is signed by the principal, or in the principal's conscious presence by someone the principal directs. A signature acknowledged before a notary public is presumed genuine.
It ends when the principal dies or revokes it, when its purpose is accomplished or its own terms end it, or when the agent can no longer act and no other agent is named. An agent's authority also ends on the filing of an action to dissolve or annul the agent's marriage to the principal, unless the document provides otherwise.
Sources for this section (3)
- NMSA 1978, § 45-5B-104 — Power of attorney is durable
- NMSA 1978, § 45-5B-105 — Execution of power of attorney
- NMSA 1978, § 45-5B-110 — Termination of power of attorney or agent's authority
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.