Fillable Printable Statutory Form Power of Attorney - New Mexico

Statutory Form Power of Attorney - New Mexico

STATUTORY POWER OF ATTORNEY

Section 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:

NEW MEXICO STATUTORY FORM POWER OF ATTORNEY

IMPORTANT INFORMATION

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 for you 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 power 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.

DESIGNATION OF AGENT

I, ____________________________________________________________________,

(Your Name)

name the following person as my agent:

Name of Agent: ________________________________________________________

Agent’s Address: _______________________________________________________

Agent’s Telephone Number: ______________________________________________

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

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

successor agent:

Name of Second Successor Agent: _________________________________________

Second Successor Agent’s Address: _______________________________________

Second Successor Agent’s Telephone Number: ______________________________

GRANT OF GENERAL AUTHORITY

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 the subjects, you may initial “All Preceding Subjects”

instead of initialing each subject.)

(___) real property

(___) tangible personal property

(___) stocks and bonds

(___) commodities and options

(___) banks and other financial institutions

(___) operation of entity or business

(___) insurance and annuities

(___) estates, trusts and other beneficial interests

(___) claims and litigation

(___) personal and family maintenance

(___) benefits from governmental programs or civil or military service

(___) retirement plans

(___) taxes

(___) all preceding subjects

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

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.)

(____) Create, amend, revoke or terminate an inter vivos trust

(____) Make a gift, subject to the limitation of Section 217 of the Uniform Power of

Attorney Act and any special instructions in this power of attorney

(____) Create or change rights of survivorship

(____) Create or change a beneficiary designation

(____) Authorize another person to exercise the authority granted under this

power of attorney

(____) Waive the principal’s right to be a beneficiary of a joint and surviving annuity,

including a survivor benefit under a retirement plan

(____) Exercise fiduciary powers that the principal has authority to delegate

(____) Disclaim or refuse an interest in property, including a power of appointment

LIMITATION ON AGENT’S AUTHORITY

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.

SPECIAL INSTRUCTIONS:

You may give special instructions on the following lines:

______________________________________________________________________

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in

the Special Instructions.

NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)

If it becomes necessary for a court to appoint a conservator 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: _____________________________________________

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, my relay upon the validity of this power of

attorney or a copy of it unless that person knows it has terminated or is invalid.

SIGNATURE AND ACKNOWLEDGMENT

Your signature: _______________________________________

Date: _____________________________

Your name printed: _____________________________________

Your address: _________________________________________

Your telephone number: _________________________________

State of _______________________________________________

County of ______________________________________________

This instrument was acknowledge before me on _______________

(date) by ______________________________________________ (Name of principal)

(Seal) if any

Signature of notary: _______________________________

My commission expires: __________________________________