New Mexico § 45-5B-109 - When power of attorney effective

§ 45-5B-109. When power of attorney effective

A. A power of attorney is effective when executed unless the principal provides in

the power of attorney that it becomes effective at a future date or upon the occurrence

of a future event or contingency. B. If a power of attorney becomes effective upon the occurrence of a future event

or contingency, the principal, in the power of attorney, may authorize one or more

persons to determine in a writing or other record that the event or contingency has

occurred. C. If a power of attorney becomes effective upon the principal's incapacity and the

principal has not authorized a person to determine whether the principal is incapacitated,

or the person authorized is unable or unwilling to make the determination, the power

of attorney becomes effective upon a determination in a writing or other record by: (1) a physician or licensed psychologist that the principal is incapacitated within

the meaning of Paragraph (1) of Subsection E of Section 102 of the Uniform Power of

Attorney Act; or (2) an attorney at law, a judge or an appropriate governmental official that the principal

is incapacitated within the meaning of Paragraph (2) of Subsection E of Section 102

of the Uniform Power of Attorney Act. D. A person authorized by the principal in the power of attorney to determine that

the principal is incapacitated may act as the principal's personal representative

pursuant to the federal Health Insurance Portability and Accountability Act, Sections

1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d , as amended, and applicable regulations to obtain access to the principal's health

care information and communicate with the principal's health care provider.