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AN ACT

RELATING TO POWERS OF ATTORNEY; ENACTING THE UNIFORM POWER OF

ATTORNEY ACT; REPEALING AND ENACTING SECTIONS OF THE NMSA

1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

ARTICLE 1

GENERAL PROVISIONS

Section 101. SHORT TITLE.--This act may be cited as the

"Uniform Power of Attorney Act".

Section 102. DEFINITIONS.--As used in the Uniform Power

of Attorney Act:

A. "agent" means a person granted authority to act

for a principal under a power of attorney, whether denominated

an agent, attorney-in-fact or otherwise. The term includes an

original agent, co-agent, successor agent and a person to

which an agent's authority is delegated;

B. "durable", with respect to a power of attorney,

means not terminated by the principal's incapacity;

C. "electronic" means relating to technology

having electrical, digital, magnetic, wireless, optical,

electromagnetic or similar capabilities;

D. "good faith" means honesty in fact;

E. "incapacity" means inability of an individual

to manage the individual's estate or financial affairs, or

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both, because:

(1) of gross mismanagement, as evidenced by

recent behavior, of the individual's income and resources or

the individual's medical inability to manage the individual's

income and resources that has led, or is likely in the near

future to lead, to financial vulnerability; or

(2) the individual is:

(a) missing;

(b) detained, including incarcerated in

a penal system; or

(c) outside the United States and

unable to return;

F. "person" means an individual, corporation,

business trust, estate, trust, partnership, limited liability

company, association, joint venture, public corporation,

government or governmental subdivision, agency or

instrumentality or any other legal or commercial entity;

G. "power of attorney" means a writing or other

record that grants authority to an agent to act in the place

of the principal, whether or not the term "power of attorney"

is used;

H. "presently exercisable general power of

appointment", with respect to property or a property interest

subject to a power of appointment, means power exercisable at

the time in question to vest absolute ownership in the

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principal individually, the principal's estate, the

principal's creditors or the creditors of the principal's

estate. The term includes a power of appointment not

exercisable until the occurrence of a specified event, the

satisfaction of an ascertainable standard or the passage of a

specified period only after the occurrence of the specified

event, the satisfaction of the ascertainable standard or the

passage of the specified period. The term does not include a

power exercisable in a fiduciary capacity or only by will;

I. "principal" means an individual who grants

authority to an agent in a power of attorney;

J. "property" means anything that may be the

subject of ownership, whether real or personal, or legal or

equitable, or any interest or right therein;

K. "record" means information that is inscribed on

a tangible medium or that is stored in an electronic or other

medium and is retrievable in perceivable form;

L. "sign" means with present intent to

authenticate or adopt a record:

(1) to execute or adopt a tangible symbol; or

(2) to attach to or logically associate with

the record an electronic sound, symbol or process;

M. "state" means a state of the United States, the

District of Columbia, Puerto Rico, the United States Virgin

Islands or any territory or insular possession subject to the

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jurisdiction of the United States; and

N. "stocks and bonds" means stocks, bonds, mutual

funds and all other types of securities and financial

instruments, whether held directly, indirectly or in any other

manner. The term does not include commodity futures contracts

and call or put options on stocks or stock indexes.

Section 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.

Section 104. POWER OF ATTORNEY IS DURABLE.--A power of

attorney created under the Uniform Power of Attorney Act is

durable unless it expressly provides that it is terminated by

the incapacity of the principal.

Section 105. EXECUTION OF POWER OF ATTORNEY.--A power of

attorney must be signed by the principal or in the principal's

conscious presence by another individual directed by the

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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.

Section 106. VALIDITY OF POWER OF ATTORNEY.--

A. A power of attorney executed in this state on

or after July 1, 2007 is valid if its execution complies with

Section 105 of the Uniform Power of Attorney Act.

B. A power of attorney executed in this state

before July 1, 2007 is valid if its execution complied with

the law of this state as it existed at the time of execution.

C. A power of attorney executed other than in this

state is valid in this state if, when the power of attorney

was executed, the execution complied with:

(1) the law of the jurisdiction that

determines the meaning and effect of the power of attorney

pursuant to Section 107 of the Uniform Power of Attorney Act;

or

(2) the requirements for a military power of

attorney pursuant to 10 U.S.C. Section 1044b, as amended.

D. Except as otherwise provided by statute other

than the Uniform Power of Attorney Act, a photocopy or

electronically transmitted copy of an original power of

attorney has the same effect as the original.

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Section 107. MEANING AND EFFECT OF POWER OF ATTORNEY.--

The meaning and effect of a power of attorney is determined by

the law of the jurisdiction indicated in the power of attorney

and, in the absence of an indication of jurisdiction, by the

law of the jurisdiction in which the power of attorney was

executed.

Section 108. NOMINATION OF CONSERVATOR OR GUARDIAN--

RELATION OF AGENT TO COURT-APPOINTED FIDUCIARY.--

A. In a power of attorney, a principal may

nominate a conservator of the principal's estate or guardian

of the principal's person for consideration by the court if

protective proceedings for the principal's estate or person

are begun after the principal executes the power of attorney.

Except for good cause shown or disqualification, the court

shall make its appointment in accordance with the principal's

most recent nomination.

B. If, after a principal executes a power of

attorney, a court appoints a conservator of the principal's

estate or other fiduciary charged with the management of some

or all of the principal's property, the agent is accountable

to the fiduciary as well as to the principal. The power of

attorney is not terminated and the agent's authority continues

unless limited, suspended or terminated by the court after

notice to, and an opportunity to be heard by, the agent and

the principal.

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Section 109. WHEN POWER OF ATTORNEY EFFECTIVE.--

A. A power of attorney is effective when executed

unless the principal provides in the power of attorney that it

becomes effective at a future date or upon the occurrence of a

future event or contingency.

B. If a power of attorney becomes effective upon

the occurrence of a future event or contingency, the

principal, in the power of attorney, may authorize one or more

persons to determine in a writing or other record that the

event or contingency has occurred.

C. If a power of attorney becomes effective upon

the principal's incapacity and the principal has not

authorized a person to determine whether the principal is

incapacitated, or the person authorized is unable or unwilling

to make the determination, the power of attorney becomes

effective upon a determination in a writing or other record

by:

(1) a physician or licensed psychologist that

the principal is incapacitated within the meaning of Paragraph

(1) of Subsection E of Section 102 of the Uniform Power of

Attorney Act; or

(2) an attorney at law, a judge or an

appropriate governmental official that the principal is

incapacitated within the meaning of Paragraph (2) of

Subsection E of Section 102 of the Uniform Power of Attorney

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Act.

D. A person authorized by the principal in the

power of attorney to determine that the principal is

incapacitated may act as the principal's personal

representative pursuant to the federal Health Insurance

Portability and Accountability Act, Sections 1171 through 1179

of the Social Security Act, 42 U.S.C. Section 1320d, as

amended, and applicable regulations to obtain access to the

principal's health care information and communicate with the

principal's health care provider.

Section 110. TERMINATION OF POWER OF ATTORNEY OR AGENT'S

AUTHORITY.--

A. A power of attorney terminates when:

(1) the principal dies;

(2) the principal becomes incapacitated, if

the power of attorney is not durable;

(3) the principal revokes the power of

attorney;

(4) the power of attorney provides that it

terminates;

(5) the purpose of the power of attorney is

accomplished; or

(6) the principal revokes the agent's

authority or the agent dies, becomes incapacitated or resigns

and the power of attorney does not provide for another agent

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to act under the power of attorney.

B. An agent's authority terminates when:

(1) the principal revokes the authority;

(2) the agent dies, becomes incapacitated or

resigns;

(3) an action is filed for the dissolution or

annulment of the agent's marriage to the principal or their

legal separation, unless the power of attorney otherwise

provides; or

(4) the power of attorney terminates.

C. Unless the power of attorney otherwise

provides, an agent's authority is exercisable until the

authority terminates under Subsection B of this section,

notwithstanding a lapse of time since the execution of the

power of attorney.

D. Termination of an agent's authority or of a

power of attorney is not effective as to the agent or another

person that, without actual knowledge of the termination, acts

in good faith under the power of attorney. An act so

performed, unless otherwise invalid or unenforceable, binds

the principal and the principal's successors in interest.

E. Incapacity of the principal of a power of

attorney that is not durable does not revoke or terminate the

power of attorney as to an agent or other person that, without

actual knowledge of the incapacity, acts in good faith under

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the power of attorney. An act so performed, unless otherwise

invalid or unenforceable, binds the principal and the

principal's successors in interest.

F. The execution of a power of attorney does not

revoke a power of attorney previously executed by the

principal unless the subsequent power of attorney provides

that the previous power of attorney is revoked or that all

other powers of attorney are revoked.

Section 111. CO-AGENTS AND SUCCESSOR AGENTS.--

A. A principal may designate two or more persons

to act as co-agents. Unless the power of attorney otherwise

provides, each co-agent may exercise its authority

independently.

B. A principal may designate one or more successor

agents to act if an agent resigns, dies, becomes

incapacitated, is not qualified to serve or declines to serve.

A principal may grant authority to designate one or more

successor agents to an agent or other person designated by

name, office or function. Unless the power of attorney

otherwise provides, a successor agent:

(1) has the same authority as that granted to

the original agent; and

(2) may not act until all predecessor agents

have resigned, died, become incapacitated, are no longer

qualified to serve or have declined to serve.

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C. Except as otherwise provided in the power of

attorney and Subsection D of this section, an agent that does

not participate in or conceal a breach of fiduciary duty

committed by another agent, including a predecessor agent, is

not liable for the actions of the other agent.

D. An agent that has actual knowledge of a breach

or imminent breach of fiduciary duty by another agent shall

notify the principal and, if the principal is incapacitated,

take any action reasonably appropriate in the circumstances to

safeguard the principal's best interest. An agent that fails

to notify the principal or take action as required by this

subsection is liable for the reasonably foreseeable damages

that could have been avoided if the agent had notified the

principal or taken such action.

Section 112. REIMBURSEMENT AND COMPENSATION OF AGENT.--

Unless the power of attorney otherwise provides, an agent is

entitled to reimbursement of expenses reasonably incurred on

behalf of the principal and to compensation that is reasonable

under the circumstances.

Section 113. AGENT'S ACCEPTANCE.--Except as otherwise

provided in the power of attorney, a person accepts

appointment as an agent under a power of attorney by

exercising authority or performing duties as an agent or by

any other assertion or conduct indicating acceptance.

Section 114. AGENT'S DUTIES.--

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A. Notwithstanding provisions in the power of

attorney, an agent that has accepted appointment shall:

(1) act in accordance with the principal's

reasonable expectations to the extent actually known by the

agent and, otherwise, in the principal's best interest;

(2) act in good faith; and

(3) act only within the scope of authority

granted in the power of attorney.

B. Except as otherwise provided in the power of

attorney, an agent that has accepted appointment shall:

(1) act loyally for the principal's benefit;

(2) act so as not to create a conflict of

interest that impairs the agent's ability to act impartially

in the principal's best interest;

(3) act with the care, competence and

diligence ordinarily exercised by agents in similar

circumstances;

(4) keep a record of all receipts,

disbursements and transactions made on behalf of the

principal;

(5) cooperate with a person that has

authority to make health care decisions for the principal to

carry out the principal's reasonable expectations to the

extent actually known by the agent and otherwise act in the

principal's best interest; and

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(6) attempt to preserve the principal's

estate plan, to the extent actually known by the agent, if

preserving the plan is consistent with the principal's best

interest based on all relevant factors, including:

(a) the value and nature of the

principal's property;

(b) the principal's foreseeable

obligations and need for maintenance;

(c) minimization of taxes, including

income, estate, inheritance, generation-skipping transfer and

gift taxes; and

(d) eligibility for a benefit, a

program or assistance under a statute or regulation.

C. An agent that acts in good faith is not liable

to any beneficiary of the principal's estate plan for failure

to preserve the plan.

D. An agent that acts with care, competence and

diligence for the best interest of the principal is not liable

solely because the agent also benefits from the act or has an

individual or conflicting interest in relation to the property

or affairs of the principal.

E. If an agent is selected by the principal

because of special skills or expertise possessed by the agent

or in reliance on the agent's representation that the agent

has special skills or expertise, the special skills or

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expertise must be considered in determining whether the agent

has acted with care, competence and diligence under the

circumstances.

F. Absent a breach of duty to the principal, an

agent is not liable if the value of the principal's property

declines.

G. An agent that exercises authority to delegate

to another person the authority granted by the principal or

that engages another person on behalf of the principal is not

liable for an act, error of judgment or default of that person

if the agent exercises care, competence and diligence in

selecting and monitoring the person.

H. Except as otherwise provided in the power of

attorney, an agent is not required to disclose receipts,

disbursements or transactions conducted on behalf of the

principal unless ordered by a court or requested by the

principal, a guardian, a conservator, another fiduciary acting

for the principal, a governmental agency having authority to

protect the welfare of the principal or, upon the death of the

principal, by the personal representative or successor in

interest of the principal's estate. If so requested, and

unless a shorter period of time is required by a law other

than the Uniform Power of Attorney Act, within thirty days the

agent shall comply with the request or provide a writing or

other record substantiating why additional time is needed and

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shall comply with the request within an additional thirty

days.

Section 115. EXONERATION OF AGENT.--A provision in a

power of attorney relieving an agent of liability for breach

of duty is binding on the principal and the principal's

successors in interest except to the extent the provision:

A. relieves the agent of liability for breach of

duty committed dishonestly, with an improper motive or with

reckless indifference to the purposes of the power of attorney

or the best interest of the principal; or

B. was inserted as a result of an abuse of a

confidential or fiduciary relationship with the principal.

Section 116. JUDICIAL RELIEF.--

A. The following persons may petition a court to

construe a power of attorney or review the agent's conduct and

grant appropriate relief:

(1) the principal or the agent;

(2) a guardian, conservator or other

fiduciary acting for the principal;

(3) a person authorized to make health care

decisions for the principal;

(4) the principal's spouse, parent or

descendant;

(5) an individual who would qualify as a

presumptive heir of the principal;

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(6) a person named as a beneficiary to

receive any property, benefit or contractual right on the

principal's death or as a beneficiary of a trust created by or

for the principal that has a financial interest in the

principal's estate;

(7) a governmental agency having regulatory

authority to protect the welfare of the principal;

(8) the principal's caregiver or another

person that demonstrates sufficient interest in the

principal's welfare; and

(9) a person asked to accept the power of

attorney.

B. Upon motion by the principal, the court shall

dismiss a petition filed under this section, unless the court

finds that the principal lacks capacity to revoke the agent's

authority or the power of attorney.

Section 117. AGENT'S LIABILITY.--An agent that violates

the Uniform Power of Attorney Act is liable to the principal

or the principal's successors in interest for the amount

required to:

A. restore the value of the principal's property

to what it would have been had the violation not occurred; and

B. reimburse the principal or the principal's

successors in interest for the attorney fees and costs paid on

the agent's behalf.

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Section 118. AGENT'S RESIGNATION--NOTICE.--Unless the

power of attorney provides a different method for an agent's

resignation, an agent may resign by giving notice to the

principal and, if the principal is incapacitated:

(1) to the conservator or guardian, if one

has been appointed for the principal, and a co-agent or

successor agent; or

(2) if there is no person described in

Paragraph (1) of this subsection, to:

(a) the principal's caregiver;

(b) another person reasonably believed

by the agent to have sufficient interest in the principal's

welfare; or

(c) a governmental agency having

authority to protect the welfare of the principal.

Section 119. ACCEPTANCE OF AND RELIANCE UPON

ACKNOWLEDGED POWER OF ATTORNEY.--

A. For purposes of this section and Section 120 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 of the Uniform Power of Attorney Act that

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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

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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 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.

Section 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 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 of the Uniform Power of Attorney

Act no later than seven business days after presentation of

the power of attorney for acceptance;

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(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

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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.

Section 121. PRINCIPLES OF LAW AND EQUITY.--Unless

displaced by a provision of the Uniform Power of Attorney Act,

the principles of law and equity supplement that act.

Section 122. LAWS APPLICABLE TO FINANCIAL INSTITUTIONS

AND ENTITIES.--The Uniform Power of Attorney Act does not

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supersede any other law applicable to financial institutions

or other entities, and the other law controls if inconsistent

with that act.

Section 123. REMEDIES UNDER OTHER LAW.--The remedies

under the Uniform Power of Attorney Act are not exclusive and

do not abrogate any right or remedy under the law of this

state other than that act.

ARTICLE 2

AUTHORITY

Section 201. AUTHORITY THAT REQUIRES SPECIFIC GRANT--

GRANT OF GENERAL AUTHORITY.--

A. An agent under a power of attorney may do the

following on behalf of the principal or with the principal's

property only if the power of attorney expressly grants the

agent the authority and exercise of the authority is not

otherwise prohibited by another agreement or instrument to

which the authority or property is subject:

(1) create, amend, revoke or terminate an

inter vivos trust;

(2) make a gift;

(3) create or change rights of survivorship;

(4) create or change a beneficiary

designation;

(5) delegate authority granted under the

power of attorney;

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(6) waive the principal's right to be a

beneficiary of a joint and survivor annuity, including a

survivor benefit under a retirement plan;

(7) exercise fiduciary powers that the

principal has authority to delegate; or

(8) disclaim property, including a power of

appointment.

B. Notwithstanding a grant of authority to do an

act described in Subsection A of this section, unless the

power of attorney otherwise provides, an agent that is not an

ancestor, spouse or descendant of the principal shall not

exercise authority under a power of attorney to create in the

agent, or in an individual to whom the agent owes a legal

obligation of support, an interest in the principal's

property, whether by gift, right of survivorship, beneficiary

designation, disclaimer or otherwise.

C. Subject to Subsections A, B, D and E of this

section, if a power of attorney grants to an agent authority

to do all acts that a principal could do, the agent has the

general authority described in Sections 204 through 216 of the

Uniform Power of Attorney Act.

D. Unless the power of attorney otherwise

provides, a grant of authority to make a gift is subject to

the provisions of Section 217 of the Uniform Power of Attorney

Act.

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E. Subject to Subsections A, B and D of this

section, if the subjects over which authority is granted in a

power of attorney are similar or overlap, the broadest

authority controls.

F. Authority granted in a power of attorney is

exercisable with respect to property that the principal has

when the power of attorney is executed or acquires later,

whether or not the property is located in this state and

whether or not the authority is exercised or the power of

attorney is executed in this state.

G. An act performed by an agent pursuant to a

power of attorney has the same effect and inures to the

benefit of and binds the principal and the principal's

successors in interest as if the principal had performed the

act.

Section 202. INCORPORATION OF AUTHORITY.--

A. An agent has authority described in this

article if the power of attorney refers to general authority

with respect to the descriptive term for the subjects stated

in Sections 204 through 217 of the Uniform Power of Attorney

Act or cites the section in which the authority is described.

B. A reference in a power of attorney to general

authority with respect to the descriptive term for a subject

in Sections 204 through 217 of the Uniform Power of Attorney

Act or a citation to a section of Sections 204 through 217 of

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that act incorporates the entire section as if it were set out

in full in the power of attorney.

C. A principal may modify authority incorporated

by reference.

Section 203. CONSTRUCTION OF AUTHORITY GENERALLY.--

Except as otherwise provided in the power of attorney, by

executing a power of attorney that incorporates by reference a

subject described in Sections 204 through 217 of the Uniform

Power of Attorney Act or that grants to an agent authority to

do all acts that a principal could do pursuant to Subsection C

of Section 201 of that act, a principal authorizes the agent,

with respect to that subject, to:

A. demand, receive and obtain by litigation or

otherwise, money or another thing of value to which the

principal is, may become or claims to be entitled, and

conserve, invest, disburse or use anything so received or

obtained for the purposes intended;

B. contract in any manner with any person, on

terms agreeable to the agent, to accomplish a purpose of a

transaction and perform, rescind, cancel, terminate, reform,

restate, release or modify the contract or another contract

made by or on behalf of the principal;

C. execute, acknowledge, seal, deliver, file or

record any instrument or communication the agent considers

desirable to accomplish a purpose of a transaction, including

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creating at any time a schedule listing some or all of the

principal's property and attaching it to the power of

attorney;

D. initiate, participate in, submit to alternative

dispute resolution, settle, oppose or propose or accept a

compromise with respect to a claim existing in favor of or

against the principal or intervene in litigation relating to

the claim;

E. seek on the principal's behalf the assistance

of a court or other governmental agency to carry out an act

authorized in the power of attorney;

F. engage, compensate and discharge an attorney,

accountant, discretionary investment manager, expert witness

or other advisor;

G. prepare, execute and file a record, report or

other document to safeguard or promote the principal's

interest under a statute or regulation;

H. communicate with any representative or employee

of a government or governmental subdivision, agency or

instrumentality on behalf of the principal;

I. access communications intended for and

communicate on behalf of the principal, whether by mail,

electronic transmission, telephone or other means; and

J. do any lawful act with respect to the subject

and all property related to the subject.

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Section 204. REAL PROPERTY.--Unless the power of

attorney otherwise provides, language in a power of attorney

granting general authority with respect to real property

authorizes the agent to:

A. demand, buy, lease, receive, accept as a gift

or as security for an extension of credit or otherwise acquire

or reject an interest in real property or a right incident to

real property;

B. sell, exchange, convey with or without

covenants, representations or warranties, quitclaim, release,

surrender, retain title for security, encumber, partition,

consent to partitioning, subject to an easement or covenant,

subdivide, apply for zoning or other governmental permits,

plat or consent to platting, develop, grant an option

concerning, lease, sublease, contribute to an entity in

exchange for an interest in that entity or otherwise grant or

dispose of an interest in real property or a right incident to

real property;

C. pledge or mortgage an interest in real property

or a right incident to real property as security to borrow

money or pay, renew or extend the time of payment of a debt of

the principal or a debt guaranteed by the principal;

D. release, assign, satisfy or enforce by

litigation or otherwise a mortgage, deed of trust, conditional

sale contract, encumbrance, lien or other claim to real

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property that exists or is asserted;

E. manage or conserve an interest in real property

or a right incident to real property owned or claimed to be

owned by the principal, including:

(1) insuring against liability or casualty or

other loss;

(2) obtaining or regaining possession of or

protecting the interest or right by litigation or otherwise;

(3) paying, assessing, compromising or

contesting taxes or assessments or applying for and receiving

refunds in connection with taxes or assessments; and

(4) purchasing supplies, hiring assistance or

labor and making repairs or alterations to the real property;

F. use, develop, alter, replace, remove, erect or

install structures or other improvements upon real property in

or incident to which the principal has, or claims to have, an

interest or right;

G. participate in a reorganization with respect to

real property or an entity that owns an interest in real

property or a right incident to real property and receive,

hold and act with respect to stocks and bonds or other

property received in a plan of reorganization, including:

(1) selling or otherwise disposing of them;

(2) exercising or selling an option, right of

conversion or similar right with respect to them; and

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(3) exercising any voting rights in person or

by proxy;

H. change the form of title of an interest in real

property or a right incident to real property; and

I. dedicate to public use, with or without

consideration, easements or other real property in which the

principal has, or claims to have, an interest.

Section 205. TANGIBLE PERSONAL PROPERTY.--Unless the

power of attorney otherwise provides, language in a power of

attorney granting general authority with respect to tangible

personal property authorizes the agent to:

A. demand, buy, receive, accept as a gift or as

security for an extension of credit or otherwise acquire or

reject ownership or possession of tangible personal property

or an interest in tangible personal property;

B. sell, exchange, convey with or without

covenants, representations or warranties, quitclaim, release,

surrender, create a security interest in, grant options

concerning, lease, sublease or otherwise dispose of tangible

personal property or an interest in tangible personal

property;

C. grant a security interest in tangible personal

property or an interest in tangible personal property as

security to borrow money or pay, renew or extend the time of

payment of a debt of the principal or a debt guaranteed by the

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principal;

D. release, assign, satisfy or enforce by

litigation or otherwise a security interest, lien or other

claim on behalf of the principal, with respect to tangible

personal property or an interest in tangible personal

property;

E. manage or conserve tangible personal property

or an interest in tangible personal property on behalf of the

principal, including:

(1) insuring against liability or casualty or

other loss;

(2) obtaining or regaining possession of or

protecting the property or interest, by litigation or

otherwise;

(3) paying, assessing, compromising or

contesting taxes or assessments or applying for and receiving

refunds in connection with taxes or assessments;

(4) moving the property from place to place;

(5) storing the property for hire or on a

gratuitous bailment; and

(6) using and making repairs, alterations or

improvements to the property; and

F. change the form of title of an interest in

tangible personal property.

Section 206. STOCKS AND BONDS.--Unless the power of

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attorney otherwise provides, language in a power of attorney

granting general authority with respect to stocks and bonds

authorizes the agent to:

A. buy, sell and exchange stocks and bonds;

B. establish, continue, modify or terminate an

account with respect to stocks and bonds;

C. pledge stocks and bonds as security to borrow,

pay, renew or extend the time of payment of a debt of the

principal;

D. receive certificates and other evidences of

ownership with respect to stocks and bonds; and

E. exercise voting rights with respect to stocks

and bonds in person or by proxy, enter into voting trusts, and

consent to limitations on the right to vote.

Section 207. COMMODITIES AND OPTIONS.--Unless the power

of attorney otherwise provides, language in a power of

attorney granting general authority with respect to

commodities and options authorizes the agent to:

A. buy, sell, exchange, assign, settle and

exercise commodity futures contracts and call or put options

on stocks or stock indexes traded on a regulated option

exchange; and

B. establish, continue, modify and terminate

option accounts.

Section 208. BANKS AND OTHER FINANCIAL INSTITUTIONS.--

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Unless the power of attorney otherwise provides, language in a

power of attorney granting general authority with respect to

banks and other financial institutions authorizes the agent

to:

A. continue, modify and terminate an account or

other banking arrangement made by or on behalf of the

principal;

B. establish, modify and terminate an account or

other banking arrangement with a bank, trust company, savings

and loan association, credit union, thrift company, brokerage

firm or other financial institution selected by the agent;

C. contract for services available from a

financial institution, including renting a safe deposit box or

space in a vault;

D. withdraw, by check, order, electronic funds

transfer or otherwise, money or property of the principal

deposited with or left in the custody of a financial

institution;

E. receive statements of account, vouchers,

notices and similar documents from a financial institution and

act with respect to them;

F. enter a safe deposit box or vault and withdraw

or add to the contents;

G. borrow money and pledge as security personal

property of the principal necessary to borrow money or to pay,

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renew or extend the time of payment of a debt of the principal

or of a debt guaranteed by the principal;

H. make, assign, draw, endorse, discount,

guarantee and negotiate promissory notes, checks, drafts and

other negotiable or nonnegotiable paper of the principal or

payable to the principal or the principal's order, transfer

money, receive the cash or other proceeds of those

transactions and accept a draft drawn by a person upon the

principal and pay it when due;

I. receive for the principal and act upon a sight

draft, warehouse receipt or other document of title, whether

tangible or electronic, or other negotiable or nonnegotiable

instrument;

J. apply for, receive and use letters of credit,

credit and debit cards, electronic transaction authorizations

and traveler's checks from a financial institution and give an

indemnity or other agreement in connection with letters of

credit; and

K. consent to an extension of the time of payment

with respect to commercial paper or a financial transaction

with a financial institution.

Section 209. OPERATION OF ENTITY OR BUSINESS.--Subject

to the terms of a document or an agreement governing an entity

or an entity ownership interest, and unless the power of

attorney otherwise provides, language in a power of attorney

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granting general authority with respect to operation of an

entity or business authorizes the agent to:

A. operate, buy, sell, enlarge, reduce or

terminate an ownership interest;

B. perform a duty or discharge a liability and

exercise in person or by proxy a right, power, privilege or

option that the principal has, may have or claims to have;

C. enforce the terms of an ownership agreement;

D. initiate, participate in and submit to

alternative dispute resolution; settle; and oppose, propose or

accept a compromise with respect to litigation to which the

principal is a party because of an ownership interest;

E. exercise in person or by proxy, or enforce by

litigation or otherwise, a right, power, privilege or option

the principal has or claims to have as the holder of stocks

and bonds;

F. initiate, participate in, submit to alternative

dispute resolution, settle, oppose or propose or accept a

compromise with respect to litigation to which the principal

is a party concerning stocks and bonds;

G. with respect to an entity or business owned

solely by the principal:

(1) continue, modify, renegotiate, extend and

terminate a contract made by or on behalf of the principal

with respect to the entity or business before execution of the

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power of attorney;

(2) determine:

(a) the location of its operation;

(b) the nature and extent of its

business;

(c) the methods of manufacturing,

selling, merchandising, financing, accounting and advertising

employed in its operation;

(d) the amount and types of insurance

carried; and

(e) the mode of engaging, compensating

and dealing with its employees and accountants, attorneys or

other advisors;

(3) change the name or form of organization

under which the entity or business is operated and enter into

an ownership agreement with other persons to take over all or

part of the operation of the entity or business; and

(4) demand and receive money due or claimed

by the principal or on the principal's behalf in the operation

of the entity or business and control and disburse the money

in the operation of the entity or business;

H. put additional capital into an entity or

business in which the principal has an interest;

I. join in a plan of reorganization,

consolidation, conversion, domestication or merger of the

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entity or business;

J. sell or liquidate all or part of an entity or

business;

K. establish the value of an entity or business

under a buy-out agreement to which the principal is a party;

L. prepare, sign, file and deliver reports,

compilations of information, returns or other papers with

respect to an entity or business and make related payments;

and

M. pay, compromise or contest taxes, assessments,

fines or penalties and perform any other act to protect the

principal from illegal or unnecessary taxation, assessments,

fines or penalties, with respect to an entity or business,

including attempts to recover, in any manner permitted by law,

money paid before or after the execution of the power of

attorney.

Section 210. INSURANCE AND ANNUITIES.--Unless the power

of attorney otherwise provides, language in a power of

attorney granting general authority with respect to insurance

and annuities authorizes the agent to:

A. continue, pay the premium or make a

contribution on, modify, exchange, rescind, release or

terminate a contract procured by or on behalf of the principal

that insures or provides an annuity to either the principal or

another person, whether or not the principal is a beneficiary

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under the contract;

B. procure new, different and additional contracts

of insurance and annuities for the principal and the

principal's spouse, children and other dependents and select

the amount, type of insurance or annuity and mode of payment;

C. pay the premium or make a contribution on,

modify, exchange, rescind, release or terminate a contract of

insurance or annuity procured by the agent;

D. apply for and receive a loan secured by a

contract of insurance or annuity;

E. surrender and receive the cash surrender value

on a contract of insurance or annuity;

F. exercise an election;

G. exercise investment powers available under a

contract of insurance or annuity;

H. change the manner of paying premiums on a

contract of insurance or annuity;

I. change or convert the type of insurance or

annuity with respect to which the principal has or claims to

have authority described in this section;

J. apply for and procure a benefit or assistance

under a statute or regulation to guarantee or pay premiums of

a contract of insurance on the life of the principal;

K. collect, sell, assign, hypothecate, borrow

against or pledge the interest of the principal in a contract

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of insurance or annuity;

L. select the form and timing of the payment of

proceeds from a contract of insurance or annuity; and

M. pay, from proceeds or otherwise, compromise or

contest and apply for refunds in connection with a tax or

assessment levied by a taxing authority with respect to a

contract of insurance or annuity or its proceeds or liability

accruing by reason of the tax or assessment.

Section 211. ESTATES, TRUSTS AND OTHER BENEFICIAL

INTERESTS.--

A. As used in this section, "estates, trusts and

other beneficial interests" means a trust, probate estate,

guardianship, conservatorship, escrow or custodianship or a

fund from which the principal is, may become, or claims to be

entitled to a share or payment.

B. Unless the power of attorney otherwise

provides, language in a power of attorney granting general

authority with respect to estates, trusts and other beneficial

interests authorizes the agent to:

(1) accept, receive, receipt for, sell,

assign, pledge or exchange a share in or payment from the

fund;

(2) demand or obtain money or another thing

of value to which the principal is, may become or claims to be

entitled by reason of the fund, by litigation or otherwise;

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(3) exercise for the benefit of the principal

a presently exercisable general power of appointment held by

the principal;

(4) initiate, participate in, submit to

alternative dispute resolution, settle, oppose or propose or

accept a compromise with respect to litigation to ascertain

the meaning, validity or effect of a deed, will, declaration

of trust or other instrument or transaction affecting the

interest of the principal;

(5) initiate, participate in, submit to

alternative dispute resolution, settle, oppose or propose or

accept a compromise with respect to litigation to remove,

substitute or surcharge a fiduciary;

(6) conserve, invest, disburse or use

anything received for an authorized purpose; and

(7) transfer an interest of the principal in

real property, stocks and bonds, accounts with financial

institutions or securities intermediaries, insurance,

annuities and other property to the trustee of a revocable

trust created by the principal as settlor.

Section 212. CLAIMS AND LITIGATION.--Unless the power of

attorney otherwise provides, language in a power of attorney

granting general authority with respect to claims and

litigation authorizes the agent to:

A. assert and maintain before a court or

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administrative agency a claim, claim for relief, cause of

action, counterclaim, offset, recoupment or defense, including

an action to recover property or other thing of value, recover

damages sustained by the principal, eliminate or modify tax

liability or seek an injunction, specific performance or other

relief;

B. bring an action to determine adverse claims or

intervene or otherwise participate in litigation;

C. seek an attachment, garnishment, order of

arrest or other preliminary, provisional or intermediate

relief and use an available procedure to effect or satisfy a

judgment, order or decree;

D. make or accept a tender, offer of judgment or

admission of facts, submit a controversy on an agreed

statement of facts, consent to examination and bind the

principal in litigation;

E. submit to alternative dispute resolution,

settle and propose or accept a compromise;

F. waive the issuance and service of process upon

the principal, accept service of process, appear for the

principal, designate persons upon which process directed to

the principal may be served, execute and file or deliver

stipulations on the principal's behalf, verify pleadings, seek

appellate review, procure and give surety and indemnity bonds,

contract and pay for the preparation and printing of records

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and briefs and receive, execute and file or deliver a consent,

waiver, release, confession of judgment, satisfaction of

judgment, notice, agreement or other instrument in connection

with the prosecution, settlement or defense of a claim or

litigation;

G. act for the principal with respect to

bankruptcy or insolvency, whether voluntary or involuntary,

concerning the principal or some other person, or with respect

to a reorganization, receivership or application for the

appointment of a receiver or trustee that affects an interest

of the principal in property or other thing of value;

H. pay a judgment, award or order against the

principal or a settlement made in connection with a claim or

litigation; and

I. receive money or other thing of value paid in

settlement of or as proceeds of a claim or litigation.

Section 213. PERSONAL AND FAMILY MAINTENANCE.--

A. Unless the power of attorney otherwise

provides, language in a power of attorney granting general

authority with respect to personal and family maintenance

authorizes the agent to:

(1) perform the acts necessary to maintain

the customary standard of living of the principal, the

principal's spouse and the following individuals, whether

living when the power of attorney is executed or later born:

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(a) the principal's children;

(b) other individuals legally entitled

to be supported by the principal; and

(c) the individuals whom the principal

has customarily supported or indicated the intent to support;

(2) make periodic payments of child support

and other family maintenance required by a court or

governmental agency or an agreement to which the principal is

a party;

(3) provide living quarters for the

individuals described in Paragraph (1) of this subsection by:

(a) purchase, lease or other contract;

or

(b) paying the operating costs,

including interest, amortization payments, repairs,

improvements and taxes, for premises owned by the principal or

occupied by those individuals;

(4) provide normal domestic help, usual

vacations and travel expenses and funds for shelter, clothing,

food, appropriate education, including post-secondary and

vocational education, and other current living costs for the

individuals described in Paragraph (1) of this subsection;

(5) pay expenses for necessary health care

and custodial care on behalf of the individuals described in

Paragraph (1) of this subsection;

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(6) act as the principal's personal

representative pursuant to the federal Health Insurance

Portability and Accountability Act, Sections 1171 through 1179

of the Social Security Act, 42 U.S.C. Section 1320d, as

amended, and applicable regulations, in making decisions

related to the past, present or future payment for the

provision of health care consented to by the principal or

anyone authorized under the law of this state to consent to

health care on behalf of the principal;

(7) continue any provision made by the

principal for automobiles or other means of transportation,

including registering, licensing, insuring and replacing them,

for the individuals described in Paragraph (1) of this

subsection;

(8) maintain credit and debit accounts for

the convenience of the individuals described in Paragraph (1)

of this subsection and open new accounts; and

(9) continue payments incidental to the

membership or affiliation of the principal in a religious

institution, club, society, order or other organization or

continue contributions to those organizations.

B. Authority with respect to personal and family

maintenance is neither dependent upon, nor limited by,

authority that an agent may or may not have with respect to

gifts under the Uniform Power of Attorney Act.

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Section 214. BENEFITS FROM GOVERNMENTAL PROGRAMS OR

CIVIL OR MILITARY SERVICE.--

A. As used in this section, "benefits from

governmental programs or civil or military service" means any

benefit, program or assistance provided under a statute or

regulation, including social security, medicare and medicaid.

B. Unless the power of attorney otherwise

provides, language in a power of attorney granting general

authority with respect to benefits from governmental programs

or civil or military service authorizes the agent to:

(1) execute vouchers in the name of the

principal for allowances and reimbursements payable by the

United States or a foreign government or by a state or

subdivision of a state to the principal, including allowances

and reimbursements for transportation of the individuals

described in Paragraph (1) of Subsection A of Section 213 of

the Uniform Power of Attorney Act, and for shipment of their

household effects;

(2) take possession and order the removal and

shipment of property of the principal from a post, warehouse,

depot, dock or other place of storage or safekeeping, either

governmental or private, and execute and deliver a release,

voucher, receipt, bill of lading, shipping ticket, certificate

or other instrument for that purpose;

(3) enroll in, apply for, select, reject,

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change, amend or discontinue, on the principal's behalf, a

benefit or program;

(4) prepare, file and maintain a claim of the

principal for a benefit or assistance, financial or otherwise,

to which the principal may be entitled under a statute or

regulation;

(5) initiate, participate in, submit to

alternative dispute resolution, settle, oppose or propose or

accept a compromise with respect to litigation concerning any

benefit or assistance the principal may be entitled to receive

under a statute or regulation; and

(6) receive the financial proceeds of a claim

described in Paragraph (4) of this subsection and conserve,

invest, disburse or use for a lawful purpose anything so

received.

Section 215. RETIREMENT PLANS.--

A. As used in this section, "retirement plan"

means a plan or account created by an employer, the principal

or another individual to provide retirement benefits or

deferred compensation of which the principal is a participant,

beneficiary or owner, including a plan or account under the

following sections of the Internal Revenue Code:

(1) an individual retirement account under

Section 408 of the Internal Revenue Code of 1986, as amended;

(2) a Roth individual retirement account

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under Section 408A of the Internal Revenue Code of 1986, as

amended;

(3) a deemed individual retirement account

under Section 408(q) of the Internal Revenue Code of 1986, as

amended;

(4) an annuity or mutual fund custodial

account under Section 403(b) of the Internal Revenue Code of

1986, as amended;

(5) a pension, profit-sharing, stock bonus or

other retirement plan qualified under Section 401(a) of the

Internal Revenue Code of 1986, as amended;

(6) a plan under Section 457(b) of the

Internal Revenue Code of 1986, as amended; and

(7) a nonqualified deferred compensation plan

under Section 409A of the Internal Revenue Code of 1986, as

amended.

B. Unless the power of attorney otherwise

provides, language in a power of attorney granting general

authority with respect to retirement plans authorizes the

agent to:

(1) select the form and timing of payments

under a retirement plan and withdraw benefits from a plan;

(2) make a rollover, including a direct

trustee-to-trustee rollover, of benefits from one retirement

plan to another;

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(3) establish a retirement plan in the

principal's name;

(4) make contributions to a retirement plan;

(5) exercise investment powers available

under a retirement plan; and

(6) borrow from, sell assets to or purchase

assets from a retirement plan.

Section 216. TAXES.--Unless the power of attorney

otherwise provides, language in a power of attorney granting

general authority with respect to taxes authorizes the agent

to:

A. prepare, sign and file federal, state, local

and foreign income, gift, payroll, property, Federal Insurance

Contributions Act and other tax returns, claims for refunds,

requests for extension of time, petitions regarding tax

matters and any other tax-related documents, including

receipts, offers, waivers, consents, including consents and

agreements under Section 2032A of the Internal Revenue Code of

1986, as amended, closing agreements and any power of attorney

required by the internal revenue service or other taxing

authority with respect to a tax year upon which the statute of

limitations has not run and the following twenty-five tax

years;

B. pay taxes due, collect refunds, post bonds,

receive confidential information and contest deficiencies

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determined by the internal revenue service or other taxing

authority;

C. exercise any election available to the

principal under federal, state, local or foreign tax law; and

D. act for the principal in all tax matters for

all periods before the internal revenue service or other

taxing authority.

Section 217. GIFTS.--

A. As used in this section, a gift "for the

benefit of" a person includes a gift to a trust, an account

under the Uniform Transfers to Minors Act and a tuition

savings account or prepaid tuition plan as defined under

Section 529 of the Internal Revenue Code of 1986, as amended.

B. Unless the power of attorney otherwise

provides, language in a power of attorney granting general

authority with respect to gifts authorizes the agent only to:

(1) make outright to or for the benefit of a

person a gift of any of the principal's property, including by

the exercise of a presently exercisable general power of

appointment held by the principal, in an amount per donee not

to exceed the annual dollar limits of the federal gift tax

exclusion under Section 2503(b) of the Internal Revenue Code

of 1986, as amended, without regard to whether the federal

gift tax exclusion applies to the gift, or if the principal's

spouse agrees to consent to a split gift pursuant to Section

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2513 of the Internal Revenue Code of 1986, as amended, in an

amount per donee not to exceed twice the annual federal gift

tax exclusion limit; and

(2) consent, pursuant to Section 2513 of the

Internal Revenue Code of 1986, as amended, to the splitting of

a gift made by the principal's spouse in an amount per donee

not to exceed the aggregate annual gift tax exclusions for

both spouses.

C. An agent may make a gift of the principal's

property only as the agent determines is consistent with the

principal's objectives if actually known by the agent and, if

unknown, as the agent determines is consistent with the

principal's best interest based on all relevant factors,

including:

(1) the value and nature of the principal's

property;

(2) the principal's foreseeable obligations

and need for maintenance;

(3) minimization of taxes, including income,

estate, inheritance, generation-skipping transfer and gift

taxes;

(4) eligibility for a benefit, a program or

assistance under a statute or regulation; and

(5) the principal's personal history of

making or joining in making gifts.

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ARTICLE 3

STATUTORY FORMS

Section 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:

"NEW MEXICO

STATUTORY FORM POWER OF ATTORNEY

IMPORTANT INFORMATION

This power of attorney authorizes another person (your

agent) to make decisions concerning your property for you (the

principal). Your agent will be able to make decisions and act

with respect to your property (including your money) whether

or not you are able to act for yourself. The meaning of

authority over subjects listed on this form is explained in

the Uniform Power of Attorney Act.

This power of attorney does not authorize the agent to

make health care decisions for you.

You should select someone you trust to serve as your

agent. Unless you specify otherwise, generally the agent's

authority will continue until you die or revoke the power of

attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless

you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you

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wish to name more than one agent, you may name a co-agent in

the Special Instructions. Co-agents are not required to act

together unless you include that requirement in the Special

Instructions.

If your agent is unable or unwilling to act for you, your

power of attorney will end unless you have named a successor

agent. You may also name a second successor agent.

This power of attorney becomes effective immediately

unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the

authority you are granting to your agent, you should seek

legal advice before signing this form.

DESIGNATION OF AGENT

I,_______________________________________________________,

(Your Name)

name the following person as my agent:

Name of Agent: _____________________________________________

Agent's Address: ____________________________________________

Agent's Telephone Number:____________________________________

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name

as my successor agent:

Name of Successor Agent: _____________________________________

Successor Agent's Address: ___________________________________

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Successor Agent's Telephone Number: __________________________

If my successor agent is unable or unwilling to act for

me, I name as my second successor agent:

Name of Second Successor Agent: ______________________________

Second Successor Agent's Address: ____________________________

Second Successor Agent's Telephone Number: ___________________

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general

authority to act for me with respect to the following subjects

as defined in the Uniform Power of Attorney Act:

(INITIAL each subject you want to include in the agent's

general authority. If you wish to grant general authority

over all of the subjects, you may initial "All Preceding

Subjects" instead of initialing each subject.)

(___) Real Property

(___) Tangible Personal Property

(___) Stocks and Bonds

(___) Commodities and Options

(___) Banks and Other Financial Institutions

(___) Operation of Entity or Business

(___) Insurance and Annuities

(___) Estates, Trusts and Other Beneficial Interests

(___) Claims and Litigation

(___) Personal and Family Maintenance

(___) Benefits from Governmental Programs or Civil or

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Military Service

(___) Retirement Plans

(___) Taxes

(___) All Preceding Subjects

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts

for me UNLESS I have INITIALED the specific authority listed

below:

(CAUTION: Granting any of the following will give your agent

the authority to take actions that could significantly reduce

your property or change how your property is distributed at

your death. INITIAL ONLY the specific authority you WANT to

give your agent.)

(___) Create, amend, revoke or terminate an inter vivos trust

(___) Make a gift, subject to the limitations of Section 217

of the Uniform Power of Attorney Act and any special

instructions in this power of attorney

(___) Create or change rights of survivorship

(___) Create or change a beneficiary designation

(___) Authorize another person to exercise the authority

granted under this power of attorney

(___) Waive the principal's right to be a beneficiary of a

joint and survivor annuity, including a survivor

benefit under a retirement plan

(___) Exercise fiduciary powers that the principal has

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authority to delegate

(___) Disclaim or refuse an interest in property, including a

power of appointment

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse or descendant

MAY NOT use my property to benefit the agent or a person to

whom the agent owes an obligation of support unless I have

included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines:

______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________

EFFECTIVE DATE

This power of attorney is effective immediately unless

I have stated otherwise in the Special Instructions.

NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)

If it becomes necessary for a court to appoint a

conservator or guardian of my estate or guardian of my person,

I nominate the following person(s) for appointment:

Name of Nominee for conservator of my estate:

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______________________________________________________________

Nominee's Address: ___________________________________________

Nominee's Telephone Number: __________________________________

Name of Nominee for guardian of my person: ___________________

Nominee's Address: ___________________________________________

Nominee's Telephone Number: __________________________________

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the

validity of this power of attorney or a copy of it unless that

person knows it has terminated or is invalid.

SIGNATURE AND ACKNOWLEDGMENT

Your Signature: ______________________________

Date: ____________________

Your Name Printed: ___________________________

Your Address: ________________________________

Your Telephone Number: _______________________

State of _____________________________________

(County) of ____________________________________

This instrument was acknowledged before me on

__________________, ___________________ (Date)

by______________________________________ (Name of Principal).

(Seal, if any)

Signature of notarial officer:

_________________________________________

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My commission expires: ________________________

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power

of attorney, a special legal relationship is created between

you and the principal. This relationship imposes upon you

legal duties that continue until you resign or the power of

attorney is terminated or revoked. You must:

1. do what you know the principal reasonably expects

you to do with the principal's property or, if you

do not know the principal's expectations, act in the

principal's best interest;

2. act in good faith;

3. do nothing beyond the authority granted in this

power of attorney; and

4. disclose your identity as an agent whenever you act

for the principal by writing or printing the name of

the principal and signing your own name as "agent"

in the following manner:

____________________________ by __________________ as Agent

(Principal's Name)

(Your Signature)

Unless the Special Instructions in this power of

attorney state otherwise, you must also:

1. act loyally for the principal's benefit;

2. avoid conflicts that would impair your ability to

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act in the principal's best interest;

3. act with care, competence and diligence;

4. keep a record of all receipts, disbursements and

transactions made on behalf of the principal;

5. cooperate with any person that has authority to make

health care decisions for the principal to do what

you know the principal reasonably expects or, if you

do not know the principal's expectations, to act in

the principal's best interest; and

6. attempt to preserve the principal's estate plan if

you know the plan and preserving the plan is

consistent with the principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you

learn of any event that terminates this power of attorney or

your authority under this power of attorney. Events that

terminate a power of attorney or your authority to act under a

power of attorney include:

1. death of the principal;

2. the principal's revocation of the power of attorney

or your authority;

3. the occurrence of a termination event stated in the

power of attorney;

4. the purpose of the power of attorney is fully

accomplished; or

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5. if you are married to the principal, a legal action

is filed with a court to end your marriage, or for

your legal separation, unless the Special

Instructions in this power of attorney state that

such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined

in the Uniform Power of Attorney Act. If you violate the

Uniform Power of Attorney Act or act outside the authority

granted, you may be liable for any damages caused by your

violation.

If there is anything about this document or your duties

that you do not understand, you should seek legal advice."

Section 302. AGENT'S CERTIFICATION.--The following

optional form may be used by an agent to certify facts

concerning a power of attorney:

"AGENT'S CERTIFICATION AS TO THE VALIDITY OF

POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of _____________________________

(County) of ____________________________

I, __________________________________________ (Name of Agent),

certify under penalty of perjury that

______________________________ (Name of Principal) granted me

authority as an agent or successor agent in a power of

attorney dated ________________________.

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I further certify that to my knowledge:

(1) the Principal is alive and has not revoked the

Power of Attorney or my authority to act under the Power of

Attorney and the Power of Attorney and my authority to act

under the Power of Attorney have not terminated;

(2) if the Power of Attorney was drafted to become

effective upon the happening of an event or contingency, the

event or contingency has occurred;

(3) if I was named as a successor agent, the prior

agent is no longer able or willing to serve; and

(4) ___________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________

(Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

Agent's Signature: ________________________ _________ (Date)

Agent's Name Printed: ________________________________________

Agent's Address: ___________________________

____________________________________________

Agent's Telephone Number: __________________

This instrument was acknowledged before me on _________ (Date)

by______________________________________ (Name of Agent).

Signature of notarial officer:

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_________________________________________

(Seal, if any)

My commission expires: ________________________.".

ARTICLE 4

MISCELLANEOUS PROVISIONS

Section 401. UNIFORMITY OF APPLICATION AND

CONSTRUCTION.--In applying and construing the Uniform Power of

Attorney Act, consideration must be given to the need to

promote uniformity of the law with respect to its subject

matter among the states that enact it.

Section 402. RELATION TO ELECTRONIC SIGNATURES IN

GLOBAL AND NATIONAL COMMERCE ACT.--The Uniform Power of

Attorney Act modifies, limits and supersedes the federal

Electronic Signatures in Global and National Commerce Act, 15

U.S.C. Section 7001 et seq., but does not modify, limit or

supersede Section 101(c) of that act, 15 U.S.C. Section

7001(c), or authorize electronic delivery of any of the

notices described in Section 103(b) of that act, 15 U.S.C.

Section 7003(b).

Section 403. EFFECT ON EXISTING POWERS OF ATTORNEY.--

Except as otherwise provided in the Uniform Power of Attorney

Act, on July 1, 2007:

A. the Uniform Power of Attorney Act applies to a

power of attorney created before, on or after July 1, 2007;

B. the Uniform Power of Attorney Act applies to a

judicial proceeding concerning a power of attorney commenced

on or after July 1, 2007;

C. the Uniform Power of Attorney Act applies to a

judicial proceeding concerning a power of attorney commenced

before July 1, 2007 unless the court finds that application of

a provision of that act would substantially interfere with the

effective conduct of the judicial proceeding or prejudice the

rights of a party, in which case that provision does not apply

and the superseded law applies; and

D. an act done before July 1, 2007 is not affected

by the Uniform Power of Attorney Act.

Section 404. REPEAL.--Sections 45-5-501 through

45-5-617 NMSA 1978 (being Laws 1995, Chapter 210, Sections 58

through 79) are repealed.

Section 405. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2007.

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