A living will form in New Mexico is a legal document that allows an individual to specify their wishes regarding medical care, particularly end-of-life treatment, in case they become unable to communicate these preferences themselves due to illness or incapacity. A living will form is also commonly called an “advance directive.”
A New Mexico living will provides instructions on whether or not life-sustaining treatments should be administered if a person is terminally ill, in a persistent vegetative state, or in a condition of permanent unconsciousness. In addition to the living will, an advance directive in New Mexico can also include a durable power of attorney for healthcare. This allows an individual to appoint someone else (called a healthcare agent) to make medical decisions on their behalf.
In New Mexico, the signing requirements and relevant laws governing living will forms, officially known as advance healthcare directives, are clearly outlined under the New Mexico Statutes. These directives ensure that individuals can enforce their healthcare preferences regarding end-of-life care through legal documentation.
The statutory provisions related to living wills in New Mexico are found in the New Mexico Statutes, Chapter 24, Health and Safety, Article 7A, known as the “Uniform Health-Care Decisions Act.” This act provides the legal background and procedural requirements for creating a valid living will.
The living will must be signed by two competent adult witnesses. The witnesses must not be related to the declarant by blood or marriage, should not be entitled to any part of the declarant’s estate upon death, and cannot be directly financially responsible for the declarant’s medical care. Alternatively, the living will can be notarized in lieu of being witnessed. If notarization is chosen, the presence of a notary can suffice to fulfill the legal requirements for validating the document. Sections in the Statute:
Once signed according to these stipulations, the living will becomes legally effective. It remains in effect indefinitely unless the declarant revokes it. As long as the declarant is competent, the revocation can occur at any time and in any manner that communicates an intent to revoke.
| Document Name | New Mexico Living Will Form |
| State Form Name | New Mexico Advance Health Care Directive |
| Signing Requirements | Two Witnesses or Notary Public |
| Validity Requirements | Section 24-7A-2 |
| State Laws: New Mexico Statutes, Sections 24-7A-1 to 24-7A-18 | |
Popular Local Living Will Forms
This document combines directives for health care and end-of-life decisions with the appointment of a healthcare agent who can make decisions on your behalf. Here’s a step-by-step guide to help you complete this form correctly.
1. Designate Your Health Care Agent
Start by appointing a primary health care agent. This person will make medical decisions on your behalf if you become incapacitated. Include their full name, address, and phone numbers. Optionally, designate alternative agents if your primary agent is unavailable.
2. Define Agent’s Authority
Clearly outline the scope of authority you are granting to your agent. This includes decisions about medical treatments, life-saving procedures, and end-of-life care. You can limit their authority by specifying exclusions directly in the form.
3. When Agent’s Authority Becomes Effective
Decide when your agent’s authority will take effect. Typically, this is when your primary physician and another qualified healthcare professional determine you cannot make your own healthcare decisions. Alternatively, you can choose to have their authority begin immediately by initialing the appropriate box.
4. Provide Healthcare Instructions
Detail your preferences for medical treatment in various scenarios, such as incurable or irreversible conditions, unconsciousness, or when treatment burdens outweigh benefits. Make your choices by initialing the relevant options for prolonging life, artificial nutrition, and hydration.
5. Specify Pain Relief Preferences
Regardless of other instructions, indicate your desire for pain relief measures to ensure you remain comfortable and free from pain. Use the provided space to note any specific instructions or additional wishes.
6. Make Anatomical Gift Decisions
State your preferences for organ and tissue donation. Choose whether to donate all, some, or none of your organs and tissues or allow your agent to decide.
7. Designate a Primary Physician
Name your primary physician and an alternate physician if your primary choice is unavailable. Include their names, addresses, and phone numbers.
8. Sign and Date the Document
Sign and date the form in the presence of two witnesses or a notary public. Witnesses should also sign and provide their contact information. Although not required, it is recommended for added validation.
