Will.com / Power of attorney / New Mexico
NM · Durable Power of Attorney
Make your New Mexico power of attorney.
Name someone you trust to handle your finances if you can't. Legally valid in New Mexico. Free to create, or add secure online document storage with the $29/year subscription.
New Mexico POA requirements
How it works
- 1
Answer a few questions
About your agent, the powers you want to grant, and when they take effect.
- 2
Download your power of attorney
A complete, personalized document, formatted for New Mexico.
- 3
Sign and share
Sign the document. Give a copy to your agent.
Recording your New Mexico POA
New Mexico requires (or permits) recording of the POA at the county clerk of the county in which the real estate lies when it covers real property. See N.M. Stat. §47-1-7, which requires all powers of attorney or other writings containing authority to convey real estate as agent or attorney of the owner, or to execute as agent for another any conveyance of real estate or any writing by which real estate may be affected in law or equity, to be acknowledged, certified, filed and recorded as other writings conveying or affecting real estate are required to be acknowledged; recording is with the county clerk of the county in which the real estate lies (N.M. Stat. §14-9-1). Two consequences follow. N.M. Stat. §40-3-13(A) makes a transfer of an interest in community real property, or in separate real property the spouses own as cotenants in joint tenancy or tenancy in common, attempted by one spouse alone void and of no effect, and §40-3-13(B) preserves such a one-spouse transfer only where it is made pursuant to a validly executed AND RECORDED power of attorney as provided in §47-1-7, so for a married principal in New Mexico recording is what makes the agent able to convey the couple's real property at all. And once such a power of attorney is filed and recorded, §47-1-7 provides that it is not considered revoked by any act of the person who executed it until the revoking instrument, itself duly acknowledged and certified, is filed for record and recorded in the office of the same county clerk, so a revocation of a recorded real-estate power of attorney is completed by recording and not by notice alone.
Recording isn't required for a POA used only for financial accounts, but it's needed before your agent can sell, lease, or mortgage real estate on your behalf.
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