New Mexico Real Estate ONLY Power of Attorney Form | |
The New Mexico real estate only power of attorney form is a legal document that a Principal would use to authorize an Agent to oversee the sale, purchase management, refinancing, or to complete transactions of any of the Principal’s specified real property. This document will not allow any Agent to assist with health care decisions or money and financial accounts.
The appointed Agent should oversee the property with the intention of managing the property, as if the Principal were available to conduct their own business.
The signatories must only sign this document before a Notary Public. This document may be revoked with the decision of the Principal in writing and delivered to the appointed Agent, or by creating a new powers document, which will immediately revoke the current document.
How to Write
Step 1 – The Parties – Enter the following information:
- Principal’s full name
- The Principal’s physical address
- City
- State
- AND
- The Agent’s full name
- The Agent’s physical address
- City
- State
Step 2 – Article I. Assignment of Authority – Principal must select and initial any or all of the powers that they wish to grant to the Agent, from the following selections:
- Sale of Real Estate
- Purchase of Real Estate
- Management of Real Estate
- Refinancing
Step 3 – Article III. Term – In this section the Principal must establish the term of the document. Select and initial only one of the options from the following:
- Specific beginning and ending dates
- Non-Durable – would allow the document to become immediately available to the Agent and shall only terminate upon the incapacity, disability, death or revocation of the document
- The durable option, would make the document immediately available to the Agent. This option shall only terminate if the Principal would choose revocation of powers to the Agent, or death
Step 4 – Article VI. Revocation and Signatures – Signatures must only be submitted before a licensed Notary:
- Enter the date of the signatures in mm/dd/yyyy format
- The Principal’s Signature
- Principal’s printed name
- AND
- Submit the Agent’s Signature
- Enter the Agent’s printed name
- AND
Witness Information –
- Both witnesses must review the paragraphs provided
- Submit the witnesses printed names
- Provide the witnesses signatures
- Enter the witnesses printed names
Step 5 – Notarization –
The Notary Public, after completion of the document, shall record the identification information per witness. Once the signatures have been submitted, the Notary shall then complete the remaining section that will require the Notary’s information in acknowledgement of the completed, signed document
Step 6 – Agent’s Acceptance –
- Agent must review and agree to the statement
- Enter the Agent’s Signatures
- Provide the Agent(s) printed names