Power of Attorney Acceptance and Refusal Rules in New Mexico

At a glance

Requirements one by one

Covered power and first response

The deadline concerns an acknowledged statutory-form power, meaning one substantially in the form in § 45-5B-301 or a qualifying military power (§ 45-5B-120(A)). Chapter 5B excludes health-care powers, government-purpose forms and other listed instruments (§ 45-5B-103). A recipient generally has seven business days after presentation to accept a covered power or request permitted proof (§ 45-5B-120(B)(1)), subject to subsection C.

Supporting requests and later response

A person asked to accept an acknowledged power may seek an agent certification under penalty of perjury, a needed English translation, or an opinion of counsel on a legal matter if it records its reason (§ 45-5B-119(D)). A translation or opinion is at the principal's expense unless requested more than seven business days after presentation (§ 45-5B-119(E)). After requested proof arrives, a covered power generally must be accepted within five business days, subject to subsection C (§ 45-5B-120(B)(2)).

Refusal and remedy

The exceptions cover a transaction the recipient would not otherwise have to make with the principal, federal-law conflict, actual knowledge of termination, refused proof, a good-faith validity or authority concern, and a qualifying abuse report (§ 45-5B-120(C)). Improper refusal can lead to an order mandating acceptance and liability for reasonable attorney fees and costs in an action confirming validity or mandating acceptance (§ 45-5B-120(D)).

What trips people up

The initial-response clause cross-references § 45-5B-119(B) when describing a certification, translation or opinion request; the list of those requests appears in § 45-5B-119(D), which the later-response and refusal clauses cite (§ 45-5B-120(B)–(C)). The printed cross-reference should not be read as a different set of requested documents.

A recipient cannot require an additional or different form for authority already granted in the covered power (§ 45-5B-120(B)(3)). Other law applicable to a financial institution or entity controls if inconsistent with the Act (§ 45-5B-122).

Common questions

Does the deadline cover every acknowledged power? No. The response duty in § 45-5B-120(A)–(B) is for a substantially conforming statutory form or qualifying military power.

Must a refusal be explained in writing? Section 45-5B-120 does not specify a general written rejection notice. A counsel-opinion request must record its reason (§ 45-5B-119(D)(3)).

Statutes and sources

Current New Mexico Compilation Commission Chapter 45, accessed October 4, 2026.

NMSA § 45-5B-103. “45-5B-103. Applicability. The Uniform Power of Attorney Act applies to all powers of attorney except: A. a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; B. a power to make health care decisions; C. a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and D. a power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.” Official statute (accessed October 4, 2026).

NMSA § 45-5B-119. “45-5B-119. Acceptance of and reliance upon acknowledged power of attorney. A. For purposes of this section and Section 120 [45-5B-120 NMSA 1978] of the Uniform Power of Attorney Act, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments. B. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under Section 105 [45-5B-105 NMSA 1978] of the Uniform Power of Attorney Act that the signature is genuine. C. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid or terminated that the purported agent's authority is void, invalid or terminated or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect and the agent had not exceeded and had properly exercised the authority. D. A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation: (1) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney; (2) an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and (3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request. E. An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance. F. For purposes of this section and Section 120 [45-5B-120 NMSA 1978] of the Uniform Power of Attorney Act, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.” Official statute (accessed October 4, 2026).

NMSA § 45-5B-120. “45-5B-120. Liability for refusal to accept acknowledged power of attorney. A. As used in this section, "statutory form power of attorney" means a power of attorney substantially in the form provided in Section 301 [45-5B-301 NMSA 1978] of the Uniform Power of Attorney Act or that meets the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1046, as amended. B. Except as otherwise provided in Subsection C of this section: (1) a person shall either accept an acknowledged statutory form power of attorney or request a certification, a translation or an opinion of counsel under Subsection B of Section 119 [45-5B-119 NMSA 1978] of the Uniform Power of Attorney Act no later than seven business days after presentation of the power of attorney for acceptance; (2) if a person requests a certification, a translation or an opinion of counsel under Subsection D of Section 119 of the Uniform Power of Attorney Act, the person shall accept the statutory form power of attorney no later than five business days after receipt of the certification, the translation or an opinion of counsel; and (3) a person shall not require an additional or different form of power of attorney for authority granted in the statutory form power of attorney presented. C. A person is not required to accept an acknowledged statutory form power of attorney if: (1) the person is not otherwise required to engage in a transaction with the principal in the same circumstances; (2) engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law; (3) the person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power; (4) a request for a certification, a translation or an opinion of counsel under Subsection D of Section 119 of the Uniform Power of Attorney Act is refused; (5) the person in good faith believes that the power of attorney is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation or an opinion of counsel under Subsection D of Section 119 of the Uniform Power of Attorney Act has been requested or provided; or (6) the person makes, or has actual knowledge that another person has made, a report to the adult protective services division of the aging and long-term services department stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or a person acting for or with the agent. D. A person that refuses in violation of this section to accept an acknowledged statutory form power of attorney is subject to: (1) a court order mandating acceptance of the power of attorney; and (2) liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.” Official statute (accessed October 4, 2026).

NMSA § 45-5B-122. “45-5B-122. Laws applicable to financial institutions and entities. The Uniform Power of Attorney Act does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with that act.” Official statute (accessed October 4, 2026).

NMSA § 45-5B-301. “45-5B-301. Statutory form power of attorney. A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by the Uniform Power of Attorney Act:” Official statute (accessed October 4, 2026).