2011 New Mexico Statutes
Chapter 45: Uniform Probate Code
Article 5B: Uniform Power of Attorney, 45-5B-101 through 45-5B-403
Section 45-5B-106: Validity of power of attorney. (Effective January 1, 2012.)
45-5B-106. Validity of power of attorney. (Effective January 1, 2012.)
A. A power of attorney executed in this state on or after July 1, 2007 is valid if its execution complies with Section 105 [45-5B-105 NMSA 1978] of the Uniform Power of Attorney Act.
B. A power of attorney executed in this state before July 1, 2007 is valid if its execution complied with the law of this state as it existed at the time of execution.
C. A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section 107 [45-5B-107 NMSA 1978] of the Uniform Power of Attorney Act; or
(2) the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as amended.
D. Except as otherwise provided by statute other than the Uniform Power of Attorney Act, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
