Healthcare directive requirements

New Mexico

What you need to create a valid advance healthcare directive in New Mexico.

Notarization

Not required

Not legally required

Witnesses required

None

No witnesses needed

Online notary

Authorized

Since 2021

Execution requirements

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Notarization — Not required

Witnesses — None required

New Mexico does not require witnesses for a healthcare directive to be valid.

Written and signed

The directive must be in writing and signed by you while of sound mind and at least 18 years old.

Distribute copies

Provide signed copies to your healthcare agent, primary care physician, and any hospital or care facility. Keep the original somewhere accessible.

New Mexico-specific notes

Witnesses and notarization are optional but recommended — N.M. Stat. §24-7A-2
Agent appointment must be in writing and signed by the principal
Remote online notarization: New Mexico authorized RON in 2021. You may be able to have your directive notarized via video conference through an approved RON provider.

What a healthcare directive covers

A healthcare directive (advance directive) lets you document your medical wishes and name someone to make decisions if you cannot speak for yourself. It typically covers:

  • Who makes medical decisions on your behalf (healthcare proxy / agent)
  • Life-sustaining treatment preferences
  • Artificial nutrition and hydration
  • Palliative care and comfort measures
  • Organ and tissue donation
  • Resuscitation (CPR) preferences

This information is general in nature and not legal advice. Laws change — consult a licensed estate planning attorney in New Mexico for guidance specific to your situation.