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A New Mexico living will is often referred to as an advance directive form. It is a legal document governed by New Mexico law. The purpose of a New Mexico advance directive is to have a written declaration of your own health-care decisions related to medical care. It will be used in the event that you're no longer able to make your own medical decisions. Medical decisions that you may wish to document include the use of artificial nutrition, artificial hydration, making an anatomical gift, and any other forms of health care you are interested in using or not using. A New Mexico living will is also used to name an agent who will act on your behalf and make medical decisions. Although a New Mexico living will does not legally need the signatures of two witnesses, it is recommended in order to minimize the risk of an accusation that the document is forged.
This document is part of the estate planning process. In addition to documenting your wishes related to medical care, it also serves to make decisions easier for your loved ones. However, this document does not operate in the same way as a power of attorney, a durable power of attorney, or medical power of attorney. If you are interested in using a power of attorney, you should seek legal advice.
§ 24-7A-2: The purpose of a New Mexico living will is to give individuals the right to document their wishes related to their healthcare for a time when they may not be able to make their own decisions. The named healthcare agent may only act with authority if the principal is determined incapacitated by a doctor, and they lose their authority if the principal is later declared to have regained their capacity.
An advance healthcare directive or living will is only used to make decisions related to healthcare. Other wishes and decisions should be documented in a New Mexico last will and testament.
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