reglab/housing_qa huggingface dataset:
NM Stat § 45-5B-116 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-116 - Judicial relief.

A. The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief: (1) the principal or the agent; (2) a guardian, conservator or other fiduciary acting for the principal; (3) a person authorized to make health care decisions for the principal; (4) the principal's spouse, parent or descendant; (5) an individual who would qualify as a presumptive heir of the principal; (6) a person named as a beneficiary to receive any property, benefit or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate; (7) a governmental agency having regulatory authority to protect the welfare of the principal; (8) the principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and (9) a person asked to accept the power of attorney. B. Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney. History: Laws 2007, ch. 135, § 116; 1978 Comp., § 46B-1-116 recompiled as § 45-5B-116 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-116 NMSA 1978 as 45-5B-116 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-117 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-117 - Agent's liability.

An agent that violates the Uniform Power of Attorney Act is liable to the principal or the principal's successors in interest for the amount required to: A. restore the value of the principal's property to what it would have been had the violation not occurred; and B. reimburse the principal or the principal's successors in interest for the attorney fees and costs paid on the agent's behalf. History: Laws 2007, ch. 135, § 117; 1978 Comp., § 46B-1-117 recompiled as § 45-5B-117 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-117 NMSA 1978 as 45-5B-117 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-118 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-118 - Agent's resignation; notice.

Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: (1) to the conservator or guardian, if one has been appointed for the principal, and a co-agent or successor agent; or (2) if there is no person described in Paragraph (1) of this subsection, to: (a) the principal's caregiver; (b) another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or (c) a governmental agency having authority to protect the welfare of the principal. History: Laws 2007, ch. 135, § 118; 1978 Comp., § 46B-1-118 recompiled as § 45-5B-118 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-118 NMSA 1978 as 45-5B-118 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-119 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-119 - Acceptance of and reliance upon acknowledged power of attorney.

A. For purposes of this section and Section 120 [45-5B-120 NMSA 1978] of the Uniform Power of Attorney Act, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments. B. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under Section 105 [45-5B-105 NMSA 1978] of the Uniform Power of Attorney Act that the signature is genuine. C. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid or terminated that the purported agent's authority is void, invalid or terminated or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect and the agent had not exceeded and had properly exercised the authority. D. A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation: (1) an agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney; (2) an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and (3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request. E. An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance. F. For purposes of this section and Section 120 [45-5B-120 NMSA 1978] of the Uniform Power of Attorney Act, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact. History: Laws 2007, ch. 135, § 119; 1978 Comp., § 46B-1-119 recompiled as § 45-5B-119 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-119 NMSA 1978 as 45-5B-119 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-121 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-121 - Principles of law and equity.

Unless displaced by a provision of the Uniform Power of Attorney Act, the principles of law and equity supplement that act. History: Laws 2007, ch. 135, § 121; 1978 Comp., § 46B-1-121 recompiled as § 45-5B-121 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-121 NMSA 1978 as 45-5B-121 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-122 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-122 - Laws applicable to financial institutions and entities.

The Uniform Power of Attorney Act does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with that act. History: Laws 2007, ch. 135, § 122; 1978 Comp., § 46B-1-122 recompiled as § 45-5B-122 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-122 NMSA 1978 as 45-5B-122 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-123 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-123 - Remedies under other law.

The remedies under the Uniform Power of Attorney Act are not exclusive and do not abrogate any right or remedy under the law of this state other than that act. History: Laws 2007, ch. 135, § 123; 1978 Comp., § 46B-1-123 recompiled as § 45-5B-123 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-123 NMSA 1978 as 45-5B-123 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-201 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-201 - Authority that requires specific grant; grant of general authority.

A. An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: (1) create, amend, revoke or terminate an inter vivos trust; (2) make a gift; (3) create or change rights of survivorship; (4) create or change a beneficiary designation; (5) delegate authority granted under the power of attorney; (6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; (7) exercise fiduciary powers that the principal has authority to delegate; or (8) disclaim property, including a power of appointment. B. Notwithstanding a grant of authority to do an act described in Subsection A of this section, unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse or descendant of the principal shall not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer or otherwise. C. Subject to Subsections A, B, D and E of this section, if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in Sections 204 through 216 [45-5B-204 to 45-5B-216 NMSA 1978] of the Uniform Power of Attorney Act. D. Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to the provisions of Section 217 [45-5B-217 NMSA 1978] of the Uniform Power of Attorney Act. E. Subject to Subsections A, B and D of this section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls. F. Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state. G. An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act. History: Laws 2007, ch. 135, § 201; 1978 Comp., § 46B-1-201 recompiled as § 45-5B-201 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-201 NMSA 1978 as 45-5B-201 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-202 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-202 - Incorporation of authority.

A. An agent has authority described in this article if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Sections 204 through 217 [45-5B-204 through 45-5B-217 NMSA 1978] of the Uniform Power of Attorney Act or cites the section in which the authority is described. B. A reference in a power of attorney to general authority with respect to the descriptive term for a subject in Sections 204 through 217 of the Uniform Power of Attorney Act or a citation to a section of Sections 204 through 217 of that act incorporates the entire section as if it were set out in full in the power of attorney. C. A principal may modify authority incorporated by reference. History: Laws 2007, ch. 135, § 202; 1978 Comp., § 46B-1-202 recompiled as § 45-5B-202 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-202 NMSA 1978 as 45-5B-202 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-203 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-203 - Construction of authority generally.

Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in Sections 204 through 217 [45-5B-204 to 45-5B-217 NMSA 1978] of the Uniform Power of Attorney Act or that grants to an agent authority to do all acts that a principal could do pursuant to Subsection C of Section 201 [45-5B-201 NMSA 1978] of that act, a principal authorizes the agent, with respect to that subject, to: A. demand, receive and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become or claims to be entitled, and conserve, invest, disburse or use anything so received or obtained for the purposes intended; B. contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release or modify the contract or another contract made by or on behalf of the principal; C. execute, acknowledge, seal, deliver, file or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney; D. initiate, participate in, submit to alternative dispute resolution, settle, oppose or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim; E. seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney; F. engage, compensate and discharge an attorney, accountant, discretionary investment manager, expert witness or other advisor; G. prepare, execute and file a record, report or other document to safeguard or promote the principal's interest under a statute or regulation; H. communicate with any representative or employee of a government or governmental subdivision, agency or instrumentality on behalf of the principal; I. access communications intended for and communicate on behalf of the principal, whether by mail, electronic transmission, telephone or other means; and J. do any lawful act with respect to the subject and all property related to the subject. History: Laws 2007, ch. 135, § 203; 1978 Comp., § 46B-1-203 recompiled as § 45-5B-203 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-203 NMSA 1978 as 45-5B-203 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-205 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-205 - Tangible personal property.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to: A. demand, buy, receive, accept as a gift or as security for an extension of credit or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property; B. sell, exchange, convey with or without covenants, representations or warranties, quitclaim, release, surrender, create a security interest in, grant options concerning, lease, sublease or otherwise dispose of tangible personal property or an interest in tangible personal property; C. grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; D. release, assign, satisfy or enforce by litigation or otherwise a security interest, lien or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property; E. manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including: (1) insuring against liability or casualty or other loss; (2) obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise; (3) paying, assessing, compromising or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments; (4) moving the property from place to place; (5) storing the property for hire or on a gratuitous bailment; and (6) using and making repairs, alterations or improvements to the property; and F. change the form of title of an interest in tangible personal property. History: Laws 2007, ch. 135, § 205; 1978 Comp., § 46B-1-205 recompiled as § 45-5B-205 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-205 NMSA 1978 as 45-5B-205 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-206 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-206 - Stocks and bonds.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to: A. buy, sell and exchange stocks and bonds; B. establish, continue, modify or terminate an account with respect to stocks and bonds; C. pledge stocks and bonds as security to borrow, pay, renew or extend the time of payment of a debt of the principal; D. receive certificates and other evidences of ownership with respect to stocks and bonds; and E. exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote. History: Laws 2007, ch. 135, § 206; 1978 Comp., § 46B-1-206 recompiled as § 45-5B-206 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-206 NMSA 1978 as 45-5B-206 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-207 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-207 - Commodities and options.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to: A. buy, sell, exchange, assign, settle and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and B. establish, continue, modify and terminate option accounts. History: Laws 2007, ch. 135, § 207; 1978 Comp., § 46B-1-207 recompiled as § 45-5B-207 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-207 NMSA 1978 as 45-5B-207 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-208 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-208 - Banks and other financial institutions.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to: A. continue, modify and terminate an account or other banking arrangement made by or on behalf of the principal; B. establish, modify and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm or other financial institution selected by the agent; C. contract for services available from a financial institution, including renting a safe deposit box or space in a vault; D. withdraw, by check, order, electronic funds transfer or otherwise, money or property of the principal deposited with or left in the custody of a financial institution; E. receive statements of account, vouchers, notices and similar documents from a financial institution and act with respect to them; F. enter a safe deposit box or vault and withdraw or add to the contents; G. borrow money and pledge as security personal property of the principal necessary to borrow money or to pay, renew or extend the time of payment of a debt of the principal or of a debt guaranteed by the principal; H. make, assign, draw, endorse, discount, guarantee and negotiate promissory notes, checks, drafts and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions and accept a draft drawn by a person upon the principal and pay it when due; I. receive for the principal and act upon a sight draft, warehouse receipt or other document of title, whether tangible or electronic, or other negotiable or nonnegotiable instrument; J. apply for, receive and use letters of credit, credit and debit cards, electronic transaction authorizations and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and K. consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution. History: Laws 2007, ch. 135, § 208; 1978 Comp., § 46B-1-208 recompiled as § 45-5B-208 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-208 NMSA 1978 as 45-5B-208 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-210 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 2|Section 45-5B-210 - Insurance and annuities.

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: A. continue, pay the premium or make a contribution on, modify, exchange, rescind, release or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract; B. procure new, different and additional contracts of insurance and annuities for the principal and the principal's spouse, children and other dependents and select the amount, type of insurance or annuity and mode of payment; C. pay the premium or make a contribution on, modify, exchange, rescind, release or terminate a contract of insurance or annuity procured by the agent; D. apply for and receive a loan secured by a contract of insurance or annuity; E. surrender and receive the cash surrender value on a contract of insurance or annuity; F. exercise an election; G. exercise investment powers available under a contract of insurance or annuity; H. change the manner of paying premiums on a contract of insurance or annuity; I. change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section; J. apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal; K. collect, sell, assign, hypothecate, borrow against or pledge the interest of the principal in a contract of insurance or annuity; L. select the form and timing of the payment of proceeds from a contract of insurance or annuity; and M. pay, from proceeds or otherwise, compromise or contest and apply for refunds in connection with a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment. History: Laws 2007, ch. 135, § 210; 1978 Comp., § 46B-1-210 recompiled as § 45-5B-210 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-210 NMSA 1978 as 45-5B-210 NMSA 1978, effective January 1, 2012.