Finalizing an Advance Health Care Directive in New Mexico

In New Mexico, you and two witnesses should sign your advance health care directive.

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In New Mexico, your health care directive is called an Advance Health Care Directive. After you create your document, you should sign it in front of two witnesses.  Unlike most other states, New Mexico law does not require that your advance directive be witnessed. However, witnesses are recommended to avoid concerns that the document might be forged, that you were forced to sign it or that it does not genuinely represent your wishes. If you choose to have your document witnessed, we suggest that your witnesses be at least 18 years old.

After you and your witness sign your advance health care direcive, it is legally valid. Keep the original in your files and give a copy to your health care agent, if you named one. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. So, you might also consider giving copies of your advance directive to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.

Review your document every few years to make sure that it still reflects your wishes. Also, consider making new documents if you move to another state, get married or divorced, or if your agent is no longer able to supervise your wishes.

Your properly finalized document will stay in effect until you revoke it, if you ever choose to do so. You can revoke your document at any time. The best way to revoke your advance directive is to do it in writing. If possible, also collect and tear up all copies that you may have distributed to others. Finally, tell everyone who knows about your advance directive that you have revoked it.

Learn more about Living Wills and Medical Powers of Attorney.

Learn more about New Mexico Advance Health Care Directives.

When you make an advance health care directive with Quicken WillMaker Plus, it will conform to all of New Mexico’s laws about health care directives and it will print with plain English instructions that detail how to make it legal. 

by: , Attorney

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