Legal Question in Family Law in New Mexico

Re: Power of Attorney

Thank you for your inquiry. I am licensed to practice in Arizona only, so my answer is based on Arizona law. You should still seek the advice of an attorney in your jurisdiction.

It depends on your mother's condition. In order to change or revoke her power of attorney, she must be mentally compentent to do so at the moment she signs the new document. In other words, she must know who she is, who the power of attorney is, and what powers she is giving them.

If she is no longer mentally competent at all, the power of attorney cannot be changed; if it is unclear as to whether or not she is competent, her doctor can be present at the time the documents are signed (in addition to the other required witnesses) to make a recommendation regarding her ability.

I hope this information is useful.

Monica Donaldson