Why these documents matter.
If you become incapacitated without these documents, your family may have to ask a court to appoint a guardian before anyone can manage your finances — and, in some cases, make medical decisions for you. Guardianship is public, slow, and expensive, and the court, not you, decides who serves. As a firm that represents people after serious accidents, we see families face this at the worst possible moment.
The three core documents.
Durable power of attorney
Names an agent to handle money and property — paying bills, managing accounts, real estate, and taxes — and keeps working if you become incapacitated.
Medical (health-care) power of attorney
Names the person who makes medical decisions for you when you can't make them yourself.
Living will
Records your own instructions about life-sustaining treatment, so your agent and your doctors know what you want.
How they differ by state.
| Texas | New Mexico | |
|---|---|---|
| Financial power of attorney | Statutory Durable Power of Attorney (Tex. Est. Code ch. 752), signed before a notary | Governed by the Uniform Power of Attorney Act; durable unless it says otherwise. Signing before a notary is strongly recommended — a notarized signature is presumed genuine. |
| Medical decision-maker | Medical Power of Attorney (Tex. Health & Safety Code § 166.164), signed before two qualified witnesses or a notary | Part 1 of the Advance Health-Care Directive (NMSA § 24-7A-4); witnesses are optional |
| Living will | Directive to Physicians and Family or Surrogates (§ 166.033), signed before two qualified witnesses or a notary | Part 2 of the same Advance Health-Care Directive |
Choosing your agent.
- Pick someone you trust completely — an agent under a financial power of attorney can act with your money.
- Name at least one alternate in case your first choice can't serve.
- Talk with your health-care agent about your wishes before they ever need to act.
- Give copies to your agent and your doctor, and keep the originals where they can be found.
Also worth considering.
HIPAA authorization
Lets the people you choose get information from your doctors and insurers.
Declaration of Guardian (Texas)
Names — or excludes — the person who would serve as your guardian if one is ever needed.
Mental health directives
Both states allow a separate directive for mental health treatment decisions.
Review after a move
Documents valid where signed are generally honored, but banks, title companies, and hospitals prefer their own state's forms.
Flat-fee pricing.
Texas
New Mexico
Part 1 of the NM Advance Health-Care Directive$150
Part 2 of the NM Advance Health-Care Directive$100
Flat fees are per person and cover preparation of each document. The first hour of an estate planning consultation is free; if a consultation runs longer than one hour and you don't purchase an estate planning package, additional time is $300 per hour, prorated to the nearest quarter hour. Court filing and county recording fees, if any, are separate. Prices effective through December 31, 2027.
Common questions.
How much does a power of attorney cost?+
When does a power of attorney take effect?+
Doesn't my spouse automatically have power of attorney?+
Can I revoke a power of attorney?+
Are my documents valid if I move between Texas and New Mexico?+
Texas estate planning services are provided by Jeff Barnett, Of Counsel (Texas Practice), of Barnett & Leuty, PC, Austin, Texas, licensed in Texas. New Mexico estate planning services are provided by Shawn Barnett, Managing Attorney, licensed in New Mexico. This page provides general information, not legal advice; reading it does not create an attorney-client relationship.