A New Mexico minor (child) power of attorney is a document in which a parent or guardian authorizes another person (referred to as the “attorney in fact”) to act in their place as a temporary guardian for a child. The attorney-in-fact would have the same powers as the parent/guardian, enabling them to approve the child’s medical treatment, educational matters, and extracurricular activities.

Unlike a regular guardianship, this power of attorney does not grant the attorney-in-fact authority to consent to the marriage or adoption of the child, nor does it revoke the parent or guardian’s parental rights. The power of attorney will be effective for a maximum of six (6) months, or until it is revoked via written revocation by the parent/guardian.

Laws – § 45-5-104

Agent’s Duties – § 45-5-209

Signing Requirements (§ 45-5B-105) – Notary Public

Expiration (§ 45-5-104) – Six (6) Months