Do I Need to Have My New Mexico Living Will Witnessed or Notarized?

In New Mexico, you should sign your advance health care directive in front of two witnesses.

In New Mexico, your living will and medical power of attorney are combined into a single form called an advance health care directive. You can use your advance directive to document your health care wishes and to name a trusted person (called your health care agent) to make health care decisions for you when you cannot make those decisions for yourself.

Sign Your New Mexico Advance Directive in Front of Two Witnesses

Unlike most other states, New Mexico law does not require that your advance directive be witnessed. However, two 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 and that your health care agent not serve as a witness.

What to Do With Your Signed Advance Directive

After you and your witnesses 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. 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.

More Information

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 New Mexico law and it will print with plain English instructions that detail how to make it legal.

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