New Mexico § 45-5B-213 - Personal and family maintenance

§ 45-5B-213. Personal and family maintenance

A. Unless the power of attorney otherwise provides, language in a power of attorney

granting general authority with respect to personal and family maintenance authorizes

the agent to: (1) perform the acts necessary to maintain the customary standard of living of the

principal, the principal's spouse and the following individuals, whether living when

the power of attorney is executed or later born: (a) the principal's children; (b) other individuals legally entitled to be supported by the principal; and (c) the individuals whom the principal has customarily supported or indicated the

intent to support; (2) make periodic payments of child support and other family maintenance required

by a court or governmental agency or an agreement to which the principal is a party; (3) provide living quarters for the individuals described in Paragraph (1) of this

subsection by: (a) purchase, lease or other contract; or (b) paying the operating costs, including interest, amortization payments, repairs,

improvements and taxes, for premises owned by the principal or occupied by those individuals; (4) provide normal domestic help, usual vacations and travel expenses and funds for

shelter, clothing, food, appropriate education, including post-secondary and vocational

education, and other current living costs for the individuals described in Paragraph

(1) of this subsection; (5) pay expenses for necessary health care and custodial care on behalf of the individuals

described in Paragraph (1) of this subsection; (6) 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, in making decisions related to the past,

present or future payment for the provision of health care consented to by the principal

or anyone authorized under the law of this state to consent to health care on behalf

of the principal; (7) continue any provision made by the principal for automobiles or other means of

transportation, including registering, licensing, insuring and replacing them, for

the individuals described in Paragraph (1) of this subsection; (8) maintain credit and debit accounts for the convenience of the individuals described

in Paragraph (1) of this subsection and open new accounts; and (9) continue payments incidental to the membership or affiliation of the principal

in a religious institution, club, society, order or other organization or continue

contributions to those organizations. B. Authority with respect to personal and family maintenance is neither dependent

upon, nor limited by, authority that an agent may or may not have with respect to

gifts under the Uniform Power of Attorney Act.