NM Stat § 24-7A-4 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 7A - Uniform Health-Care Decisions|Section 24-7A-4 - Optional form.

The following form may, but need not, be used to create an advance health-care directive. The other sections of the Uniform Health-Care Decisions Act govern the effect of this or any other writing used to create an advance health-care directive. An individual may complete or modify all or any part of the following form: "OPTIONAL ADVANCE HEALTH-CARE DIRECTIVE Explanation You have the right to give instructions about your own health care. You also have the right to name someone else to make health-care decisions for you. This form lets you do either or both of these things. It also lets you express your wishes regarding the designation of your primary care practitioner. THIS FORM IS OPTIONAL. Each paragraph and word of this form is also optional. If you use this form, you may cross out, complete or modify all or any part of it. You are free to use a different form. If you use this form, be sure to sign it and date it. PART 1 of this form is a power of attorney for health care. PART 1 lets you name another individual as agent to make health-care decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions for you now even though you are still capable. You may also name an alternate agent to act for you if your first choice is not willing, able or reasonably available to make decisions for you. Unless related to you, your agent may not be an owner, operator or employee of a health-care institution at which you are receiving care. Unless the form you sign limits the authority of your agent, your agent may make all health-care decisions for you. This form has a place for you to limit the authority of your agent. You need not limit the authority of your agent if you wish to rely on your agent for all health-care decisions that may have to be made. If you choose not to limit the authority of your agent, your agent will have the right to: (a) consent or refuse consent to any care, treatment, service or procedure to maintain, diagnose or otherwise affect a physical or mental condition; (b) select or discharge health-care practitioners and institutions; (c) approve or disapprove diagnostic tests, surgical procedures, programs of medication and orders not to resuscitate; and (d) direct the provision, withholding or withdrawal of artificial nutrition and hydration and all other forms of health care. PART 2 of this form lets you give specific instructions about any aspect of your health care. Choices are provided for you to express your wishes regarding life-sustaining treatment, including the provision of artificial nutrition and hydration, as well as the provision of pain relief. In addition, you may express your wishes regarding whether you want to make an anatomical gift of some or all of your organs and tissue. Space is also provided for you to add to the choices you have made or for you to write out any additional wishes. PART 3 of this form lets you designate a primary care practitioner to have primary responsibility for your health care. After completing this form, sign and date the form at the end. It is recommended but not required that you request two other individuals to sign as witnesses. Give a copy of the signed and completed form to your physician, to any other health-care practitioners you may have, to any health-care institution at which you are receiving care and to any health-care agents you have named. You should talk to the person you have named as agent to make sure that he or she understands your wishes and is willing to take the responsibility. You have the right to revoke this advance health-care directive or replace this form at any time. * * * * * * * * * * * * * * * * * * * * * PART 1 POWER OF ATTORNEY FOR HEALTH CARE (1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health-care decisions for me: ___________________________________________________________________________________  (name of individual you choose as agent) ___________________________________________________________________________________ (address) (city) (state) (zip code) ___________________________________________________________________________________  (home phone) (work phone) If I revoke my agent's authority or if my agent is not willing, able or reasonably available to make a health-care decision for me, I designate as my first alternate agent: ___________________________________________________________________________________  (name of individual you choose as first alternate agent) ___________________________________________________________________________________ (address) (city) (state) (zip code) ___________________________________________________________________________________  (home phone) (work phone) If I revoke the authority of my agent and first alternate agent or if neither is willing, able or reasonably available to make a health-care decision for me, I designate as my second alternate agent: ___________________________________________________________________________________  (name of individual you choose as second alternate agent) ___________________________________________________________________________________ (address) (city) (state) (zip code) ___________________________________________________________________________________  (home phone) (work phone) (2) AGENT'S AUTHORITY: My agent is authorized to obtain and review medical records, reports and information about me and to make all health-care decisions for me, including decisions to provide, withhold or withdraw artificial nutrition, hydration and all other forms of health care to keep me alive, except as I state here: ___________________________________________________________________________________ ___________________________________________________________________________________  (Add additional sheets if needed.) (3) WHEN AGENT'S AUTHORITY BECOMES EFFECTIVE: My agent's authority becomes effective when my primary care practitioner and one other qualified health-care professional determine that I am unable to make my own health-care decisions. If I initial this box [ ], my agent's authority to make health-care decisions for me takes effect immediately. (4) AGENT'S OBLIGATION: My agent shall make health-care decisions for me in accordance with this power of attorney for health care, any instructions I give in PART 2 of this form and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent shall make health-care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent. (5) NOMINATION OF GUARDIAN: If a guardian of my person needs to be appointed for me by a court, I nominate the agent designated in this form. If that agent is not willing, able or reasonably available to act as guardian, I nominate the alternate agents whom I have named, in the order designated. PART 2 INSTRUCTIONS FOR HEALTH CARE If you are satisfied to allow your agent to determine what is best for you in making end-of-life decisions, you need not fill out this part of the form. If you do fill out this part of the form, you may cross out any wording you do not want. (6) END-OF-LIFE DECISIONS: If I am unable to make or communicate decisions regarding my health care, and IF (i) I have an incurable or irreversible condition that will result in my death within a relatively short time, OR (ii) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, OR (iii) the likely risks and burdens of treatment would outweigh the expected benefits, THEN I direct that my health-care practitioners and others involved in my care provide, withhold or withdraw treatment in accordance with the choice I have initialed below in one of the following three boxes: [ ] I CHOOSE NOT To Prolong Life I do not want my life to be prolonged. [ ] I CHOOSE To Prolong Life I want my life to be prolonged as long as possible within the limits of generally accepted health-care standards. [ ] I CHOOSE To Let My Agent Decide My agent under my power of attorney for health care may make life-sustaining treatment decisions for me. (7) ARTIFICIAL NUTRITION AND HYDRATION: If I have chosen above NOT to prolong life, I also specify by marking my initials below: [ ] I DO NOT want artificial nutrition OR [ ] I DO want artificial nutrition. [ ] I DO NOT want artificial hydration unless required for my comfort OR [ ] I DO want artificial hydration. (8) RELIEF FROM PAIN: Regardless of the choices I have made in this form and except as I state in the following space, I direct that the best medical care possible to keep me clean, comfortable and free of pain or discomfort be provided at all times so that my dignity is maintained, even if this care hastens my death: ___________________________________________________________________________________ ___________________________________________________________________________________ (9) ANATOMICAL GIFT DESIGNATION: Upon my death I specify as marked below whether I choose to make an anatomical gift of all or some of my organs or tissue: [ ] I CHOOSE to make an anatomical gift of all of my organs or tissue to be determined by medical suitability at the time of death, and artificial support may be maintained long enough for organs to be removed. [ ] I CHOOSE to make a partial anatomical gift of some of my organs and tissue as specified below, and artificial support may be maintained long enough for organs to be removed. ___________________________________________________________________________________ ___________________________________________________________________________________ [ ] I REFUSE to make an anatomical gift of any of my organs or tissue. [ ] I CHOOSE to let my agent decide. (10) OTHER WISHES: (If you wish to write your own instructions, or if you wish to add to the instructions you have given above, you may do so here.) I direct that: ___________________________________________________________________________________ ___________________________________________________________________________________  (Add additional sheets if needed.) PART 3 PRIMARY CARE PRACTITIONER (11) I designate the following as my primary care practitioner: ___________________________________________________________________________________  (name of primary care practitioner) ___________________________________________________________________________________ (address) (city) (state) (zip code) ___________________________________________________________________________________ (phone) If the primary care practitioner I have designated above is not willing, able or reasonably available to act as my primary care practitioner, I designate the following as my primary care practitioner: ___________________________________________________________________________________  (name of primary care practitioner) ___________________________________________________________________________________ (address) (city) (state) (zip code) ___________________________________________________________________________________ (phone) * * * * * * * * * * * * * * * * * * * * (12) EFFECT OF COPY: A copy of this form has the same effect as the original. (13) REVOCATION: I understand that I may revoke this OPTIONAL ADVANCE HEALTH-CARE DIRECTIVE at any time, and that if I revoke it, I should promptly notify my supervising health-care practitioner and any health-care institution where I am receiving care and any others to whom I have given copies of this power of attorney. I understand that I may revoke the designation of an agent either by a signed writing or by personally informing the supervising health-care practitioner. (14) SIGNATURES: Sign and date the form here: || __________________________________    ______________________________________   || (date)    (sign your name)   || __________________________________    ______________________________________   || (address)    (print your name)   || __________________________________    ______________________________________   || (city) (state)    (your social security number)   ||  || (Optional) SIGNATURES OF WITNESSES:   || First witness    Second witness   || __________________________________    ______________________________________   || (print name)    (print name)   || __________________________________    ______________________________________   || (address)    (address)   || __________________________________    ______________________________________   || (city) (state)    (city) (state)   || __________________________________    ______________________________________   || (signature of witness)    (signature of witness)   || __________________________________    ______________________________________   || (date)    (date)".   ||  |History: Laws 1995, ch. 182, § 4; 1997, ch. 168, § 3; 2000, ch. 54, § 9; 2015, ch. 116, § 5. ANNOTATIONSThe 2015 amendment, effective June 19, 2015, substituted each reference to "primary physician" with "primary care practitioner"; in the second undesignated paragraph, after "primary", deleted "physician" and added "care practitioner"; in the seventh undesignated paragraph, after "designate a", deleted "physician" and added "primary care practitioner"; in the eighth undesignated paragraph, after the first occurrence of "health-care", deleted "providers" and added "practitioners"; in Paragraph (3) of Part 1 of the form; after "primary", deleted "physician" and added "care practitioner"; in Paragraph (6) of Part 2 of the form, after "health-care", deleted "providers" and added "practitioners"; in Part 3 of the form, in the heading, after "PRIMARY", deleted "PHYSICIAN" and added "CARE PRACTITIONER", in Paragraph (11) of Part 3 of the form, after "the following", deleted "physician as my primary physician" and added "as my primary care practitioner", after "name of", deleted "physician" and added "primary care practitioner", after "If the", deleted "physician" and added "primary care practitioner", after "act as my primary", deleted "physician" and added "care practitioner", after "I designate the following", deleted "physician as my primary physician" and added "as my primary care practitioner", and after "name of", deleted "physician" and added "primary care practitioner"; and in Paragraph (13) of Part 3 of the form, after the first occurrence of "supervising health-care", deleted "provider" and added "practitioner", and after the second occurrence of "supervising health-care", deleted "provider" and added "practitioner". Temporary provisions. — Laws 2015, ch. 116, § 16 provided that by January 1, 2016, every cabinet secretary, agency head and head of a political subdivision of the state shall update rules requiring an examination by, a certificate from or a statement of a licensed physician to also accept such examination, certificate or statement from an advanced practice registered nurse, certified nurse-midwife or physician assistant working within that person's scope of practice. The 2000 amendment, effective May 17, 2000, in the fifth paragraph of the Explanation section, added the third sentence; added Item 9 of Part 3 of the form and redesignated the remaining sections accordingly. The 1997 amendment, effective July 1, 1997, in the second paragraph of the form, rewrote the last sentence which read "You do not have to sign any form"; in the paragraph of the form explaining Part 2, substituted "life-sustaining treatment" for "the provision, withholding or withdrawal of treatment to keep you alive" in the second sentence; in paragraph (3) in Part 1 of the form, deleted "unless I mark the following box" at the end of the first sentence and substituted "initial" for "mark" in the second sentence; rewrote paragraphs (6), (7), and (8) in Part 2 of the form; substituted "either" for "only" in the last sentence in paragraph (12) of Part 3 of the form; and made stylistic changes.