A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
History: Laws 2007, ch. 135, § 105; 1978 Comp., § 46B-1-105 recompiled as § 45-5B-105 by Laws 2011, ch. 124, § 102.
Recompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-105 NMSA 1978 as 45-5B-105 NMSA 1978, effective January 1, 2012.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5B - Uniform Power of Attorney
Section 45-5B-101 - Short title.
Section 45-5B-102 - Definitions.
Section 45-5B-103 - Applicability.
Section 45-5B-104 - Power of attorney is durable.
Section 45-5B-105 - Execution of power of attorney.
Section 45-5B-106 - Validity of power of attorney.
Section 45-5B-107 - Meaning and effect of power of attorney.
Section 45-5B-109 - When power of attorney effective.
Section 45-5B-110 - Termination of power of attorney or agent's authority.
Section 45-5B-111 - Co-agents and successor agents.
Section 45-5B-112 - Reimbursement and compensation of agent.
Section 45-5B-113 - Agent's acceptance.
Section 45-5B-114 - Agent's duties.
Section 45-5B-115 - Exoneration of agent.
Section 45-5B-116 - Judicial relief.
Section 45-5B-117 - Agent's liability.
Section 45-5B-118 - Agent's resignation; notice.
Section 45-5B-119 - Acceptance of and reliance upon acknowledged power of attorney.
Section 45-5B-120 - Liability for refusal to accept acknowledged power of attorney.
Section 45-5B-121 - Principles of law and equity.
Section 45-5B-122 - Laws applicable to financial institutions and entities.