![]() ![]() ![]() determined from the context and surrounding circumstances, including the parties’ conduct). The parties’ agreement may be formal (i.e. These elements are discussed in turn below:Īgreement: Most importantly, the UETA applies only to transactions where each party to the contract has agreed to conduct the transaction electronically. To be enforceable under the UETA, an electronic signature generally requires (1) an agreement by the parties to conduct the transaction electronically, (2) the ability to attribute the signature to the signor, and (3) the retention of the electronic record. Effectively, an electronic signature may be equivalent to a signature in ink on a piece of paper. Our legal team stands ready to answer your questions and help you choose the right type of power of attorney for you.In light of COVID-19, this E-Brief is intended to (1) outline the basic elements needed to form an enforceable electronic signature, and (2) highlight recent changes to allow for remote notarization of documents.Įlectronic Signatures: Under Nebraska’s Uniform Electronic Transactions Act (UETA), electronic documents and signatures cannot be denied legal effect or enforceability merely because they are in an electronic form. It is best to consult a lawyer before signing any power of attorney, especially if the POA was not your idea. In short, the statutory form may not be right for everyone, and in some cases, a limited power of attorney might be better for your situation. However, this form potentially grants the agent broad powers that you would have in your own affairs, indefinitely or for a specified amount of time, without limitations, and it also may be missing some powers that would make sense in your specific situation. ![]() Self-Service vs Attorney Drafted Power of Attorneysĭo you really need a lawyer to draft a power of attorney? New Mexico courts offer a self-service general power of attorney form that can be printed, filled out, and signed in front of and by a notary. If you want to cover those bases, talk to one of our lawyers about advance healthcare directives that only go into effect when you are unable to speak for yourself. It will allow your agent to act on your behalf without the necessity of obtaining legal conservatorship through a court proceeding.Ī general power of attorney does not allow the agent to make medical decisions on your behalf. If you want your significant other to handle matters on your behalf without this hassle, you will need to present the company or entity with a durable power of attorney.Ī durable power of attorney is also extremely useful if you become mentally incapacitated due to an accident or health condition such as dementia. Companies, financial institutions, and other legal entities will refuse to speak to anyone other than the principal without gaining their permission for every individual interaction. With legal marriages on the decline, many couples find themselves faced with complications in handling personal business. When to use a Durable Power of Attorney in New Mexico If you want the POA to only take effect under certain circumstances, our attorneys can assist with a springing power of attorney instead. If not specified, the POA will take effect immediately, and it will remain in effect until the principal revokes the agent’s authority. What Makes a New Mexico General Power of Attorney Valid?Ī New Mexico notary must witness the signing of the power of attorney for it to be valid. If you are unsure about giving the agent carte blanch with the document, you should consult one of our attorneys before moving forward. It is important that you choose an agent that you can trust. It essentially allows the agent’s signature and activities to be just as legally binding as if you signed the documents yourself.Įssentially, the durable power of attorney grants your agent the ability to act on your behalf in all personal legal and financial matters. A general power of attorney, also called a durable power of attorney, allows you to assign an agent to manage these affairs on your behalf. In certain circumstances, you may find yourself unable to handle personal business matters relating to property, including money. General and Durable Power of Attorneys in New Mexico ![]()
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