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New Mexico Durable Power of Attorney Laws
Explanation of Chart and More Information on Durable Power of Attorney Laws
| Code Section | 24-7A-1 et seq. Uniform Health Care Decisions Act |
| Specific Powers, Life-Prolonging Acts | Agent has power of attorney for health care to make health care decisions including selection and discharge of health care providers, approval and disapproval of diagnostic tests, surgical procedures, programs of medication, orders not to resuscitate, and directions to provide, withhold or withdraw artificial nutrition and hydration and all others forms of treatment or health care which maintains, diagnoses, or otherwise affects an individual's mental or physical condition. |
| Legal Requirements for Durable Power of Attorney | (1) Adult or emancipated minor having capacity; (2) in writing; (3) signed by principal; (4) may include individual instructions; (5) effective upon determination that principal lacks capacity |
| Revocation of Durable Power of Attorney | Individual with capacity may revoke by (1) signed writing; (2) personally informing supervising health care provider; (3) in any manner that communicates intent to revoke; (4) filing for divorce or legal separation revokes designation of spouse as agent (revived by remarriage); (5) conflicting earlier health care directive (to the extent of the conflict) |
| Validity from State-to-State | Valid if it complies with provisions of Uniform Health Care Decisions Act regardless of where it was executed or communicated. |
| If Physician Unwilling to Follow Durable Power of Attorney | Physicians or health care provider who declines to comply with health care decision must inform patient or agent; provide continuing care until a transfer can be effected, and make reasonable efforts to assist in transfer to willing health care provider or physician. |
| Immunity for Attending Physician | No civil or criminal liability or discipline for unprofessional conduct if health care provider acting in good faith and in accordance with generally accepted health care standards in complying with provisions of this act. |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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