Legislation
State: New Mexico
Signed: April 07, 2025
Effective: July 01, 2025
Chapter: 84
SummaryAuthorizes a qualified adult to execute a supported decision-making agreement to obtain assistance making life choices, as specified, that must be acknowledged before a Notary Public.
AffectsCreates as yet uncodified new sections in the New Mexico Statutes Annotated.
Changes
- Authorizes a decision-maker to voluntarily, without undue influence or coercion, enter into a supported decision-making agreement.
- Requires a supported decision-making agreement to be in a form promulgated by the supreme court that must (a) be in writing; (b) be dated; (c) be signed voluntarily, without coercion or undue influence, by the decision-maker and the supporter; (d) designate a supporter; (e) list the types of decisions with which the supporter is authorized to assist the decision-maker; (f) list the types of decisions, if any, with which the supporter is not authorized to assist the decision-maker; and (g) contain a consent signed by the supporter indicating the supporter's relationship to the decision-maker, willingness to act as a supporter, and acknowledgment of the duties of a supporter.
- Requires each party to a supported decision-making agreement to sign the agreement in the presence of at least 2 adult witnesses whose signatures shall be acknowledged before a Notary Public.
AnalysisIn recent years, many states have enacted counterparts to New Mexico Senate Bill 535 that enable an adult decision-maker to receive assistance in making life decisions. The particulars are drawn up in a written supported decision-making agreement. Under the new law, the agreement requires the decision-maker and 2 adult witnesses to acknowledge their signatures before a Notary Public. These supported decision-making agreements are seen as preferable to the legal process of obtaining guardianship or conservatorship over an adult who with proper help and support could make their own decisions.
Read Senate Bill 535.