ADVANCE HEALTH-CARE DIRECTIVE

(Living Will & Durable Power of Attorney for Health Care)
State of New Mexico

[// GUIDANCE: This template complies with the New Mexico Uniform Health-Care Decisions Act (N.M. Stat. Ann. §§ 24-7A-1 et seq.). Customize every bracketed term, confirm statutory compliance, and obtain proper witnessing or notarization before relying on this document.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Declarant’s Representations & Warranties
V. Agent Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Parties
   a. Declarant: [FULL LEGAL NAME], residing at [ADDRESS] (“Declarant”).
   b. Primary Agent: [AGENT NAME], residing at [ADDRESS] (“Primary Agent”).
   c. First Alternate Agent: [ALTERNATE AGENT 1] (optional).
   d. Second Alternate Agent: [ALTERNATE AGENT 2] (optional).

2. Effective Date
   This Directive is effective on the date it is duly executed in accordance with Section X.

3. Recitals
   WHEREAS, Declarant, being of sound mind, wishes to (i) appoint an agent to make health-care decisions when Declarant lacks decisional capacity, and (ii) state clear instructions regarding future health-care; and
   WHEREAS, this instrument is executed pursuant to and intended to be valid under the New Mexico Uniform Health-Care Decisions Act, N.M. Stat. Ann. §§ 24-7A-1 et seq.;
   NOW, THEREFORE, Declarant declares as follows:

II. DEFINITIONS

“Act” means the New Mexico Uniform Health-Care Decisions Act.
“Agent” means the individual(s) appointed in Section III.A.
“Artificial Nutrition and Hydration” means medically administered nourishment or fluids.
“Decisional Capacity” means the ability to understand and communicate a health-care decision.
“Health-Care” and “Health-Care Decision” have the meanings assigned in the Act.
“Life-Sustaining Treatment” means any medical intervention that merely prolongs the dying process for a patient in a Terminal Condition or Persistent Vegetative State.
“Persistent Vegetative State” means a profound, irreversible unconscious condition with no behavioral response to stimuli.
“Primary Physician” means the physician with primary responsibility for Declarant’s care.
“Terminal Condition” means an incurable or irreversible condition that, without Life-Sustaining Treatment, will result in death within a reasonably short period, as determined by the Primary Physician.

III. OPERATIVE PROVISIONS

A. Appointment of Agent

1. Primary Agent. Declarant appoints the Primary Agent to make any and all Health-Care Decisions whenever Declarant lacks Decisional Capacity.
2. Alternate Agents. Authority shall pass to the First Alternate Agent, then the Second Alternate Agent, if any predecessor is unable, unwilling, or unavailable to act.
3. Scope of Authority. Subject to Section III.B, the Agent may:
   i. Consent to, refuse, or withdraw any care, including Artificial Nutrition and Hydration;
   ii. Review and disclose medical records;
   iii. Employ or discharge health-care providers;
   iv. Authorize admission to or discharge from facilities;
   v. Execute necessary documents; and
   vi. Take all steps reasonably necessary to implement Declarant’s wishes.
   [// GUIDANCE: Narrow or expand authority here to reflect client preferences.]

B. Treatment Instructions

1. General Intent. Declarant’s dignity, autonomy, religious, and moral beliefs shall guide all decisions.
2. Life-Sustaining Treatment. INITIAL ONE:
   _ (a) Withhold/withdraw Life-Sustaining Treatment if I am in a Terminal Condition or Persistent Vegetative State.
   _ (b) Continue Life-Sustaining Treatment unless my Agent decides otherwise.
   ____ (c) Other: [SPECIFY].
3. Artificial Nutrition and Hydration. INITIAL ONE:
   _ (a) Withhold/withdraw.
   _ (b) Provide.
   ____ (c) Agent to decide.
4. Pain Management. Provide medication sufficient to relieve pain, even if it may hasten death.
5. Do-Not-Resuscitate (DNR). [YES / NO / AGENT TO DECIDE].
6. Organ & Tissue Donation (optional):
   _ I donate [ORGANS/TISSUES] for transplantation, therapy, research, or education.
   _ I do not wish to make an anatomical gift.

C. Effect of Pregnancy

If I am pregnant, I understand New Mexico law may restrict withdrawal of Life-Sustaining Treatment. My intent is: [FOLLOW LAW / OTHER].

D. Nomination of Guardian

If a court deems a guardian necessary, I nominate my Agent(s), in order of priority, to serve.

IV. DECLARANT’S REPRESENTATIONS & WARRANTIES

1. Declarant is at least eighteen (18) years old and executing this Directive voluntarily.
2. All prior advance directives are revoked as of the Effective Date.

V. AGENT COVENANTS & RESTRICTIONS

1. Fiduciary Duty. The Agent shall act in good faith, consistent with Declarant’s known wishes and best interests.
2. Consultation. The Agent shall consult with the Primary Physician and, when feasible, close family before major decisions.
3. Record-Keeping. The Agent shall keep reasonable records of decisions made.

VI. DEFAULT & REMEDIES

1. Disqualification. A spouse-Agent is automatically disqualified upon legal separation or divorce from Declarant.
2. Removal. Any interested person may petition a court to remove an Agent acting contrary to this Directive.
3. Injunctive Relief. A court of competent jurisdiction may issue injunctive relief to enforce this Directive.

VII. RISK ALLOCATION

1. Provider Protection & Indemnification. A health-care provider acting in good faith reliance on this Directive shall not incur civil or criminal liability or professional discipline. Declarant releases and agrees to indemnify such providers for good-faith compliance, excluding willful misconduct or gross negligence.
2. Limitation of Liability. An Agent acting in good faith shall not be liable for monetary damages, absent willful misconduct or gross negligence.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Directive is governed by the laws of the State of New Mexico.
2. Forum, Arbitration, Jury Waiver. No contractual forum-selection, arbitration, or jury-waiver terms apply.

IX. GENERAL PROVISIONS

A. Revocation & Amendment

1. Declarant may revoke this Directive at any time by:
   a. A signed writing;
   b. Communicating the intent to revoke to a health-care provider; or
   c. Any act evidencing intent to revoke, in accordance with the Act.
2. Revocation is effective upon communication to the health-care provider or Agent.
3. Amendments must be executed with the same formalities as this Directive.

B. Copies

A photocopy or electronic copy of this Directive is as valid as the original.

C. Severability

Invalidation of any provision shall not affect the remaining provisions.

D. Entire Agreement

This instrument supersedes all prior directives and embodies the entire understanding of the Declarant regarding health-care decisions.

X. EXECUTION BLOCK

OPTION 1 — Two Witnesses (No Notary)

I, the Declarant, sign my name to this Advance Health-Care Directive on the date written below and declare that I am of sound mind and executing this document voluntarily.

[DECLARANT NAME], Declarant
Date: ________

Witness Attestation

We declare under penalty of perjury that the Declarant is personally known to us, appeared to be of sound mind, and signed or acknowledged this Directive in our presence.

Witness #1
Name: ____
Address: ____
Signature: ____
Date: _____

Witness #2
Name: ____
Address: ____
Signature: ____
Date: _____

[// GUIDANCE: At least ONE witness must not be related to Declarant, entitled to any portion of Declarant’s estate, financially responsible for Declarant’s care, or employed by the facility providing care.]

OPTION 2 — Notary Acknowledgment

State of New Mexico )
County of ____ )

On __, before me, ___, a Notary Public, personally appeared ____, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed it.

IN WITNESS WHEREOF I hereunto set my hand and official seal.

Notary Public
My Commission Expires: ___

[// GUIDANCE: Choose EITHER the two-witness option OR the notary option to satisfy N.M. Stat. Ann. § 24-7A-4. Do NOT use both.]

COPY DISTRIBUTION LOG (optional)

1. Primary Agent – Date _ Method _
2. Alternate Agent – Date _ Method _
3. Primary Physician – Date _ Method _
4. Medical Records – Date _ Method _

[// GUIDANCE: Attorneys should (i) verify current statutory requirements before finalizing; (ii) counsel clients to review the Directive after major life changes; and (iii) retain executed originals in a safe, easily accessible location.]