New Mexico Limited (Special) Power of Attorney Form

The New Mexico limited (special) power of attorney form is legal document that allows a Principal to delegate specific responsibilities to an individual known as an “Agent”. Within the form, the Principal can establish instructions for the Agent for acts such as purchasing property, cashing checks, and withdrawing funds. The Principal may set a time frame for their permitted authorization; if the the Agent fulfills their duty or the time frame elapses, the form will consequently be terminated. As stated in NM Stat § 46B-1-105 (1996 through 1st Sess 50th Legis), the signature of the Principal will be considered genuine only if acknowledged in the presence of  Notary Public.

How to Write

Step 1 – Titled Sections – Read the following titles:

  • Notice
  • Incapacitation
  • Revocation
  • Witness and Notary

Step 2 – The Parties – Enter:

  • Name of Principal
  • Principal’s mailing address
  • City
  • State
  • AND
  • Agent’s name
  • Agent’s Address
  • City
  • State

The Principal may wish to appoint a Successor Agent to take over in the event the the original agent can no longer act on their behalf

  • Submit the name of a selected Successor Agent (Optional)
  • Enter the Successor’s mailing Address
  • Their City of residence
  • State
  • Submit the name of the state in which this document will be executed

Step 3 – Additional Titled Sections – The Principal must also review the following:

  • Terms and Conditions
  • Third Parties
  • Compensation
  • Disclosure

Step 4 – Signatures – All signatories must be personally present before a notary:

  • Print the name of the Principal
  • Date the Principal’s Signature in dd/mm format
  • Submit the Principal’s Signature
  • AND
  • Print Agent’s name
  • Review the remaining portions of the information provided in this section
  • Submit Agent’s  signature
  • Date the Agent’s signature in mm/dd/yyyy format
  • AND
  • Provide the name of a Successor Agent
  • Read the remainding information’
  • Successor Agent must enter their Signature

Step 5 – Notarization –

After the Notary has witnessed all signatures, the notary will provides all of the required notary  information and taffix the notary’s state seal (if any) in acknowledgement of the document

Step 6 – Acknowledgement and Acceptance of Appointment of Agent(s) –The Agent(s) must first review the acceptance and enter the following information:

  • The Agent(s) printed name(s)
  • Review all information contained in each section
  • Both Agent(s) must enter their signatures
  • Date the Agent(s) signatures in mm/dd/yyyy format

Step 7 – Witness Attestation – Witnesses must:

  • Review the witness attestation
  • Print Witnesses Names in the lines provided
  • Submit Witnesses signatures