Living Will Form - New Mexico

Living Will Form - New Mexico

A New Mexico Living Will - sometimes confused with an Advance Directive - is a document that allows an individual to clarify their wishes regarding health care and treatment in case of temporary or permanent incapacity.

The form must at the very least address the three following topics:

  • The election of an agent or a healthcare proxy;
  • Life support;
  • Palliative care.

A New Mexico Living Will is defined by Section 24-7A-1 of the New Mexico Uniform Health Care Decisions Act. No witnesses are required. A revocation of the document, however, must be signed by or for the individual and be witnessed by two (2) witnesses.

Download a ready-made form by clicking the link below or make your own Living Will with our customizable template.


What Is a New Mexico Living Will?

A Living Will is a legal form that lets all participating parties know about the kind of medical care and palliative care a patient wishes to receive. When creating a will, the individual will be deciding on the types of care that they are willing to receive and the types of medical care they will not be receiving. For example, some people choose to not be resuscitated if they stop breathing while in a coma, while others choose to remain on life support.

An individual can print out a basic Living Will template with or without the assistance of an attorney. The document may be revoked in writing or orally, by either the patient (the person making the will) or by a designated proxy (the person elected to make healthcare-related decisions for the patient).

How to Make a Living Will in New Mexico?

A basic Living Will can be completed without a lawyer or an attorney. Generally, all Living Wills in New Mexico include the following sections:

  1. A designation of health care proxy - a third party tasked with making any and all healthcare-related decisions on the patient's behalf.
  2. General provisions - the general wishes concerning healthcare, custody and medical treatment.
  3. Life-sustaining medical treatment - provisions regarding life-support, tube feeding, surgeries, antibiotics or medication.
  4. Comfort and pain relief - the patient may choose any treatment even if it results in hastening the death or a temporary addiction.
  5. The agent's obligations - the agent must take the patient's personal values to the extent known to them into consideration.
  6. End of life decisions - including the provisions regarding the withholding or withdrawal of treatment.
  7. The patient's statement and signature - the patient must certify that they are fully aware and completely understand the contents of the document.

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