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New Mexico Advance Directive Form

A New Mexico advance directive is a form that allows an adult or emancipated minor to authorize a healthcare agent to make any health-care decision the principal could have made while having capacity. The power must be in writing and signed by the principal. The form may include instructions for medical treatments, including life-sustaining procedures or treatments.

Signing Requirements (§ 24-7A-2(B)§ 24-7A-4 (Part 3)) – Only the principal is required to sign the form.

Statutory Form

PART 1

POWER OF ATTORNEY FOR HEALTH CARE

(1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health-care decisions for me:

[NAME]

If I revoke my agent’s authority or if my agent is not willing, able or reasonably available to make a health-care decision for me, I designate as my first alternate agent:

[NAME]

(2) AGENT’S AUTHORITY: My agent is authorized to obtain and review medical records, reports and information about me and to make all health-care decisions for me, including decisions to provide, withhold or withdraw artificial nutrition, hydration and all other forms of health care to keep me alive, except as I state here:

(3) WHEN AGENT’S AUTHORITY BECOMES EFFECTIVE: My agent’s authority becomes effective when my primary care practitioner and one other qualified health-care professional determine that I am unable to make my own health-care decisions. If I initial this box [ ], my agent’s authority to make health-care decisions for me takes effect immediately.

(4) AGENT’S OBLIGATION: My agent shall make health-care decisions for me in accordance with this power of attorney for health care, any instructions I give in PART 2 of this form and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent shall make health-care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent.

(5) NOMINATION OF GUARDIAN: If a guardian of my person needs to be appointed for me by a court, I nominate the agent designated in this form. If that agent is not willing, able or reasonably available to act as guardian, I nominate the alternate agents whom I have named, in the order designated.

PART 2

INSTRUCTIONS FOR HEALTH CARE

If you are satisfied to allow your agent to determine what is best for you in making end-of-life decisions, you need not fill out this part of the form. If you do fill out this part of the form, you may cross out any wording you do not want.

(6) END-OF-LIFE DECISIONS: If I am unable to make or communicate decisions regarding my health care, and IF (i) I have an incurable or irreversible condition that will result in my death within a relatively short time, OR (ii) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, OR (iii) the likely risks and burdens of treatment would outweigh the expected benefits, THEN I direct that my health-care practitioners and others involved in my care provide, withhold or withdraw treatment in accordance with the choice I have initialed below in one of the following three boxes:

[INITIALS] I CHOOSE NOT To Prolong Life
[INITIALS] I CHOOSE To Prolong Life
[INITIALS] I CHOOSE To Let My Agent Decide

(7) ARTIFICIAL NUTRITION AND HYDRATION: If I have chosen above NOT to prolong life, I also specify by marking my initials below:

[INITIALS] I DO NOT want artificial nutrition
[INITIALS] I DO want artificial nutrition.

[INITIALS] I DO NOT want artificial hydration unless required for my comfort
[INITIALS] I DO want artificial hydration.

(8) RELIEF FROM PAIN: Regardless of the choices I have made in this form and except as I state in the following space, I direct that the best medical care possible to keep me clean, comfortable and free of pain or discomfort be provided at all times so that my dignity is maintained, even if this care hastens my death:

(9) ANATOMICAL GIFT DESIGNATION: Upon my death I specify as marked below whether I choose to make an anatomical gift of all or some of my organs or tissue:

[INITIALS] I CHOOSE to make an anatomical gift of all of my organs or tissue to be determined by medical suitability at the time of death, and artificial support may be maintained long enough for organs to be removed.
[INITIALS] I CHOOSE to make a partial anatomical gift of some of my organs and tissue as specified below, and artificial support may be maintained long enough for organs to be removed.
[INITIALS] I REFUSE to make an anatomical gift of any of my organs or tissue.
[INITIALS] I CHOOSE to let my agent decide.

PART 3

PRIMARY CARE PRACTITIONER

(10) I designate the following as my primary care practitioner:

[NAME]

(11) REVOCATION: I understand that I may revoke this OPTIONAL ADVANCE HEALTH-CARE DIRECTIVE at any time, and that if I revoke it, I should promptly notify my supervising health-care practitioner and any health-care institution where I am receiving care and any others to whom I have given copies of this power of attorney. I understand that I may revoke the designation of an agent either by a signed writing or by personally informing the supervising health-care practitioner.

(12) SIGNATURES:

Sign and date the form here:

_________________________________________ [DAY] day of [MONTH], 20[XX]
[NAME]