reglab/housing_qa huggingface dataset:
NM Stat § 45-5B-211 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-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; (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. History: Laws 2007, ch. 135, § 211; 1978 Comp., § 46B-1-211 recompiled as § 45-5B-211 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-211 NMSA 1978 as 45-5B-211 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-212 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-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 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 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. History: Laws 2007, ch. 135, § 212; 1978 Comp., § 46B-1-212 recompiled as § 45-5B-212 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-212 NMSA 1978 as 45-5B-212 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-214 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-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 [45-5B-213 NMSA 1978] 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, 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. History: Laws 2007, ch. 135, § 214; 1978 Comp., § 46B-1-214 recompiled as § 45-5B-214 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-214 NMSA 1978 as 45-5B-214 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-215 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-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 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; (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. History: Laws 2007, ch. 135, § 215; 1978 Comp., § 46B-1-215 recompiled as § 45-5B-215 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-215 NMSA 1978 as 45-5B-215 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-216 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-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 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. History: Laws 2007, ch. 135, § 216; 1978 Comp., § 46B-1-216 recompiled as § 45-5B-216 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-216 NMSA 1978 as 45-5B-216 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-217 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-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 [46-7-11 to 46-7-34 NMSA 1978] 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 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. History: Laws 2007, ch. 135, § 217; 1978 Comp., § 46B-1-217 recompiled as § 45-5B-217 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-217 NMSA 1978 as 45-5B-217 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-302 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 3|Section 45-5B-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 ________________________. 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: _________________________________________ (Seal, if any) My commission expires: ________________________.". History: Laws 2007, ch. 135, § 302; 1978 Comp., § 46B-1-302 recompiled as § 45-5B-302 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-302 NMSA 1978 as 45-5B-302 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-401 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 4|Section 45-5B-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. History: Laws 2007, ch. 135, § 401; 1978 Comp., § 46B-1-401 recompiled as § 45-5B-401 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-401 NMSA 1978 as 45-5B-401 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-402 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 4|Section 45-5B-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). History: Laws 2007, ch. 135, § 402; 1978 Comp., § 46B-1-402 recompiled as § 45-5B-402 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-402 NMSA 1978 as 45-5B-402 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-403 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 4|Section 45-5B-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. History: Laws 2007, ch. 135, § 403; 1978 Comp., § 46B-1-403 recompiled as § 45-5B-403 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-403 NMSA 1978 as 45-5B-403 NMSA 1978, effective January 1, 2012.
NM Stat § 45-6-101 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 6 - Nonprobate Transfers|Part 1 - PROVISIONS RELATING TO EFFECT OF DEATH|Section 45-6-101 - Nonprobate transfers on death.

A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement or other written instrument of a similar nature is nontestamentary. This section includes a written provision that: A. money or other benefits due to, controlled by or owned by a decedent before death must be paid after the decedent's death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later; B. money due or to become due under the instrument ceases to be payable in the event of death of the promisee or the promisor before payment or demand; or C. any property controlled by or owned by the decedent before death that is the subject of the instrument passes to a person the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later. History: 1978 Comp., § 45-6-101, enacted by Laws 1992, ch. 66, § 17; 2005, ch. 143, § 2. ANNOTATIONSCompiler's notes. — Laws 1992, ch. 66, § 71 repealed former 45-6-101 NMSA 1978, as enacted by Laws 1975, ch. 257, § 6-101, relating to definitions relevant to multiple-party accounts, effective July 1, 1992. Laws 1992, ch. 66, § 17 enacted a new version of this section, effective July 1, 1992. For present comparable provisions, see 45-6-201 NMSA 1978. The 2005 amendment, effective July 1, 2005, deleted former Subsection B that provided that this section does not limit right of creditors under other laws of the state. Am. Jur. 2d, A.L.R. and C.J.S. references. — Deeds: effect of Uniform Probate Code § 6-201, providing that certain instruments attempting to pass property at death shall be deemed nontestamentary, 81 A.L.R.4th 1122. 94 C.J.S. Wills § 136.
NM Stat § 45-6-101.1 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 6 - Nonprobate Transfers|Part 1 - PROVISIONS RELATING TO EFFECT OF DEATH|Section 45-6-101.1 - Recompiled.

ANNOTATIONSCompiler's notes. — Laws 2001, ch. 236, § 1, relating to real property; transfer on death deed, was erroneously compiled as 45-6-101.1 NMSA 1978. It should have been compiled as 45-6-401 NMSA 1978 and now appears at that location.
NM Stat § 45-6-103 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 6 - Nonprobate Transfers|Part 1 - PROVISIONS RELATING TO EFFECT OF DEATH|Section 45-6-103 - Repealed.

History: 1953 Comp., § 32A-6-103, enacted by Laws 1975, ch. 257, § 6-103.ANNOTATIONSRepeals. — Laws 1992, ch. 66, § 71 repealed 45-6-103 NMSA 1978, as enacted by Laws 1975, ch. 257, § 6-103, relating to multiple-party accounts, effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 45-6-201 to 45-6-227 NMSA 1978.
NM Stat § 45-6-104 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 6 - Nonprobate Transfers|Part 1 - PROVISIONS RELATING TO EFFECT OF DEATH|Section 45-6-104 - Repealed.

History: 1953 Comp., § 32A-6-104, enacted by Laws 1975, ch. 257, § 6-104.ANNOTATIONSRepeals. — Laws 1992, ch. 66, § 71 repealed 45-6-104 NMSA 1978, as enacted by Laws 1975, ch. 257, § 6-104, relating to multiple-party accounts, effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 45-6-201 to 45-6-227 NMSA 1978.
NM Stat § 45-6-105 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 6 - Nonprobate Transfers|Part 1 - PROVISIONS RELATING TO EFFECT OF DEATH|Section 45-6-105 - Repealed.

History: 1953 Comp., § 32A-6-105, enacted by Laws 1975, ch. 257, § 6-105.ANNOTATIONSRepeals. — Laws 1992, ch. 66, § 71 repealed 45-6-105 NMSA 1978, as enacted by Laws 1975, ch. 257, § 6-105, relating to multiple-party accounts, effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 45-6-201 to 45-6-227 NMSA 1978.
NM Stat § 45-6-106 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 6 - Nonprobate Transfers|Part 1 - PROVISIONS RELATING TO EFFECT OF DEATH|Section 45-6-106 - Repealed.

History: 1953 Comp., § 32A-6-106, enacted by Laws 1975, ch. 257, § 6-106.ANNOTATIONSRepeals. — Laws 1992, ch. 66, § 71 repealed 45-6-106 NMSA 1978, as enacted by Laws 1975, ch. 257, § 6-106, relating to multiple-party accounts, effective July 1, 1992. For provisions of former section, see the 1991 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 45-6-201 to 45-6-227 NMSA 1978.