Updated September 3, 2026. Quick answer: New Mexico calls this instrument Advance health-care directive (individual instruction and/or power of attorney for health care) under the Uniform Health-Care Decisions Act. Witnesses needed to execute it: Not required by statute. What the state requires: Neither is statutorily required: NMSA 24-7A-2 says only that a power of attorney for health care ‘must be in writing and signed by the principal.’ The statutory optional form (24-7A-4) offers 2 witness signatures as optional/recommended, not mandatory.. Getting the execution formalities wrong is the most common way a directive fails when it is needed.
The execution box
| What the state calls it | Advance health-care directive (individual instruction and/or power of attorney for health care) under the Uniform Health-Care Decisions Act |
|---|---|
| Witnesses required | Not required by statute |
| Witnesses or notary? | Neither is statutorily required: NMSA 24-7A-2 says only that a power of attorney for health care ‘must be in writing and signed by the principal.’ The statutory optional form (24-7A-4) offers 2 witness signatures as optional/recommended, not mandatory. |
| Who may NOT witness | No witness-disqualification list exists because witnessing itself isn’t required. The statute instead restricts who may serve as AGENT: unless related by blood, marriage, or adoption, an agent may not be an owner, operator, or employee of a health-care institution where the principal is receiving care. |
| If you are in a care facility | No special facility-patient witnessing rule was found (unlike some other UHCDA states). The only facility-related restriction is the agent-eligibility rule above. |
| Authority | NMSA 1978 §§ 24-7A-2, 24-7A-4, Uniform Health-Care Decisions Act |
What the statute says
“The power must be in writing and signed by the principal.” (NMSA 1978 § 24-7A-2). Statutory optional form, § 24-7A-4: “It is recommended but not required that you request two other individuals to sign as witnesses.”
(NMSA 1978 §§ 24-7A-2, 24-7A-4, Uniform Health-Care Decisions Act)
The form
Yes: NMSA § 24-7A-4 contains a statutory ‘Optional Advance Health-Care Directive’ form within the statute text itself.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room, family, the treating doctor, facility staff, are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above: several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
nmonesource.com (official portal) returned HTTP 403; codes.findlaw.com fetched directly and successfully for §§ 24-7A-1/2/4 (SECONDARY, flagged), cross-checked against Justia search-result snippets. Confirmed Article 7A imposes no witness/notary requirement, distinguishing New Mexico from many other UHCDA states (e.g. Hawaii). A separate Article 7B governs mental-health-treatment directives with its own distinct witness rule: not conflated here.
Related: all states compared · living will versus healthcare proxy · what it costs.
Also for New Mexico: New Mexico Small Estate Affidavit · How Much Does a Will Cost in New Mexico?.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.