The documents and what each does.
- Health care power of attorney: names an agent to make health care decisions if you cannot
- Living will provisions: your wishes about life-prolonging treatment, which can be combined with the power of attorney in a single advance directive
- HIPAA authorization: allows providers to share your information with people you choose
- Financial power of attorney: a separate document for money and property. See our guide on powers of attorney
New Mexico's approach.
New Mexico's Uniform Health-Care Decisions Act lets you appoint an agent and give instructions in writing. The statute provides an optional form but does not require you to use it. Make sure your document is signed and that you give copies to your agent, your family, and your doctors. Because rules can change and providers have their own practices, have a New Mexico attorney confirm your documents.
Choosing an agent.
- Pick someone calm under pressure who will follow your wishes, not their own
- Name a backup agent
- Talk with your agent about your values: what matters in a serious illness, and what you would not want
- Give your agent, family, and doctors copies
If you have nothing in place.
If you lose capacity without a designated agent, New Mexico law provides a list of people who may make decisions, generally starting with a spouse and adult children. The default list may not match your choice, can lead to family disagreement, and may not cover every decision. In serious cases the family may have to seek a guardianship.
Update after a divorce, the death of your agent, a move, or a new diagnosis. Forms from other states are often honored, but a New Mexico form avoids delays.
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