2020 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5B - Uniform Power of Attorney
Section 45-5B-212 - Claims and litigation.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:
A. assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability or seek an injunction, specific performance or other relief;
B. bring an action to determine adverse claims or intervene or otherwise participate in litigation;
C. seek an attachment, garnishment, order of arrest or other preliminary, provisional or intermediate relief and use an available procedure to effect or satisfy a judgment, order or decree;
D. make or accept a tender, offer of judgment or admission of facts, submit a controversy on an agreed statement of facts, consent to examination and bind the principal in litigation;
E. submit to alternative dispute resolution, settle and propose or accept a compromise;
F. waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs and receive, execute and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement or other instrument in connection with the prosecution, settlement or defense of a claim or litigation;
G. act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership or application for the appointment of a receiver or trustee that affects an interest of the principal in property or other thing of value;
H. pay a judgment, award or order against the principal or a settlement made in connection with a claim or litigation; and
I. receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
History: Laws 2007, ch. 135, § 212; 1978 Comp., § 46B-1-212 recompiled as § 45-5B-212 by Laws 2011, ch. 124, § 102.ANNOTATIONS
Recompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-212 NMSA 1978 as 45-5B-212 NMSA 1978, effective January 1, 2012.