New Mexico has enacted the Uniform Health Care Decisions Act. The Uniform Health Care Decisions Act has been adopted in these states.
New Mexico law provides for Advance Health Care Directives including what are commonly called a Living Will (written advance health care directive) and Power of Attorney for Health Care. New Mexico law provides that a competent adult or emancipated minor may make an Advance Health Care Directive.
If physically unable to sign a written written Advance Health Care Directive, a declarant may personally give that instruction orally to his health care provider.
The New Mexico optional statutory written form requires a signature of a declarant and optionally the signatures of two witnesses. It is good practice to have witnesses to help avoid claims that the directive was improperly made.
It is good practice to avoid having as a witness a person who might have or might appear to have a conflict of interest in whether you live or die. Such persons include a person who might inherit under a will or by intestate succession, someone who may be financially responsible for your medical care, a medical insurance company or agent responsible to pay your medical bills, a life insurance company or agent, etc.
Click here to read New Mexico Statutes. What is commonly called a Living Will may involve more than one document, including a:
- written Advance Health Care Directive or normal living will; and,
- Power of Attorney for Health Care available at a modest Charge to be used if a declarant becomes mentally incompetent and unable to act rationally.
- Directions from surrogate decision makers — statute specifies which others may make medical desicions for you, if you have not provided for those decisions.
This website provides free asistance in completing a written Advance Health Care Directive; and, for a modest charge, provides assistance in completing a Power of Attorney for Health Care.
If you desire to complete other forms of Living Will related documents, you may click the links by the above list to enter the see the state forms of the web site and create those documents.
For additional questions, additional forms or other related issues you should consult a private attorney or other competent source.
To read more information on the Uniform Health Care Decisions Act see Summary.
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