New Mexico Living Will Requirements
Based on NMSA 1978, §24-7A-1 through 24-7A-18 (Uniform Health-Care Decisions Act)
Quick Summary
- Document type: Advance Health-Care Directive
- 0 witnesses required
- Notarization not required
Witness Requirements
New Mexico requires 0 witnesses who are present when you sign your advance health-care directive. Witnesses have the following restrictions:
Witness restrictions:
- New Mexico does not statutorily require witnesses for an advance health-care directive
- Although witnesses are not required, it is strongly recommended that two witnesses sign the document to help establish its authenticity if challenged
- If witnesses are used, it is recommended that they not be the designated agent, related to the principal by blood or marriage, or entitled to any portion of the principal's estate
- If witnesses are used, it is recommended that they not be the principal's health care provider or an employee of the health care provider
When Your Living Will Takes Effect
Your New Mexico living will becomes effective when the following conditions are met:
Terminal Illness
An incurable or irreversible condition that, without the administration of life-sustaining treatment, will result in death within a relatively short time, as determined to a reasonable degree of medical certainty by the primary physician.
Persistent Vegetative State
A condition of permanent unconsciousness in which the individual is unaware of self and environment and there is no reasonable expectation of regaining consciousness, to a reasonable degree of medical certainty.
Irreversible Condition
A condition in which the likely risks and burdens of treatment would outweigh the expected benefits, or treatment would be ineffective, and the condition will not improve.
Important Notes for New Mexico
- New Mexico follows the Uniform Health-Care Decisions Act (NMSA 1978, §24-7A-1 through 24-7A-18)
- An adult or emancipated minor with capacity may give an individual instruction for health care at any time; the instruction may be oral or written
- Only the principal's signature and date are required on the advance directive; witnesses and notarization are recommended but not required by statute
- The state provides an optional statutory form under §24-7A-4, but it is not mandatory
- The optional form states that each paragraph and word of the form is optional
- A power of attorney for health care may be included in the same document as individual instructions
- "Life-sustaining treatment" means any medical treatment or procedure without which the individual is likely to die within a relatively short time, as determined to a reasonable degree of medical certainty by the primary physician
- "Capacity" means an individual's ability to understand and appreciate the nature and consequences of proposed health care, including its significant benefits, risks, and alternatives, and to make and communicate an informed health-care decision
- A health-care decision includes selection and discharge of health-care providers, approval or disapproval of treatments and procedures, and directions relating to life-sustaining treatment
- An advance directive valid in another jurisdiction is valid in New Mexico if it complies with either that jurisdiction's law or New Mexico law
- An advance directive may be revoked at any time and in any manner that communicates an intent to revoke
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.