New Mexico § 45-5B-301 - Statutory form power of attorney

§ 45-5B-301. Statutory form power of attorney

A document substantially in the following form may be used to create a statutory form

power of attorney that has the meaning and effect prescribed by the Uniform Power

of Attorney Act: This power of attorney authorizes another person (your agent) to make decisions concerning

your property for you (the principal). Your agent will be able to make decisions and act with respect to your property

(including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform

Power of Attorney Act. This power of attorney does not authorize the agent to make health care decisions

for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until

you die or revoke the power of attorney or the agent resigns or is unable to act for

you. Your agent is entitled to reasonable compensation unless you state otherwise in the

Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special

Instructions. Co-agents are not required to act together unless you include that requirement in

the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end

unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in

the Special Instructions. If you have questions about the power of attorney or the authority you are granting

to your agent, you should seek legal advice before signing this form. name the following person as my agent: Name of Agent: Agent's Address: Agent's Telephone Number: If my agent is unable or unwilling to act for me, I name as my successor agent: Name of Successor Agent: Successor Agent's Address: Successor Agent's Telephone Number: If my successor agent is unable or unwilling to act for me, I name as my second successor

agent: Name of Second Successor Agent: Second Successor Agent's Address: Second Successor Agent's Telephone Number: I grant my agent and any successor agent general authority to act for me with respect

to the following subjects as defined in the Uniform Power of Attorney Act: (INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects, you may initial

“All Preceding Subjects” instead of initialing each subject.) My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED

the specific authority listed below: (CAUTION: Granting any of the following will give your agent the authority to take

actions that could significantly reduce your property or change how your property

is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.) An agent that is not my ancestor, spouse or descendant MAY NOT use my property to

benefit the agent or a person to whom the agent owes an obligation of support unless

I have included that authority in the Special Instructions. You may give special instructions on the following lines: This power of attorney is effective immediately unless I have stated otherwise in

the Special Instructions. If it becomes necessary for a court to appoint a conservator or guardian of my estate

or guardian of my person, I nominate the following person(s) for appointment: Name of Nominee for conservator of my estate: Nominee's Address: Nominee's Telephone Number: Name of Nominee for guardian of my person: Nominee's Address: Nominee's Telephone Number: Any person, including my agent, may rely upon the validity of this power of attorney

or a copy of it unless that person knows it has terminated or is invalid. Your Signature: Date: Your Name Printed: Your Address: Your Telephone Number: State of (County) of This instrument was acknowledged before me on __________________, ____________________ (Date) by _________________________ (Name of Principal). (Seal, if any) Signature of notarial officer: My commission expires: Agent's Duties When you accept the authority granted under this power of attorney, a special legal

relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or

the power of attorney is terminated or revoked. You must: 1. do what you know the principal reasonably expects you to do with the principal's

property or, if you do not know the principal's expectations, act in the principal's

best interest; 2. act in good faith; 3. do nothing beyond the authority granted in this power of attorney; and 4. disclose your identity as an agent whenever you act for the principal by writing

or printing the name of the principal and signing your own name as “agent” in the

following manner: ______________________________________________ by ____________________________________ as Agent (Principal's Name) (Your Signature) Unless the Special Instructions in this power of attorney state otherwise, you must

also: 1. act loyally for the principal's benefit; 2. avoid conflicts that would impair your ability to act in the principal's best interest; 3. act with care, competence and diligence; 4. keep a record of all receipts, disbursements and transactions made on behalf of

the principal; 5. cooperate with any person that has authority to make health care decisions for

the principal to do what you know the principal reasonably expects or, if you do not

know the principal's expectations, to act in the principal's best interest; and 6. attempt to preserve the principal's estate plan if you know the plan and preserving

the plan is consistent with the principal's best interest. Termination of Agent's Authority You must stop acting on behalf of the principal if you learn of any event that terminates

this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power

of attorney include: 1. death of the principal; 2. the principal's revocation of the power of attorney or your authority; 3. the occurrence of a termination event stated in the power of attorney; 4. the purpose of the power of attorney is fully accomplished; or 5. if you are married to the principal, a legal action is filed with a court to end

your marriage, or for your legal separation, unless the Special Instructions in this

power of attorney state that such an action will not terminate your authority. Liability of Agent The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act. If you violate the Uniform Power of Attorney Act or act outside the authority granted,

you may be liable for any damages caused by your violation. If there is anything about this document or your duties that you do not understand,

you should seek legal advice.”