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New Mexico Healthcare Laws

New Mexico law permits a partner to make decisions for an incapacitated same-sex partner, as an "individual in a long-term relationship of indefinite duration with the patient in which the individual has demonstrated an actual commitment to the patient similar to the commitment of a spouse and in which the individual and the patient consider themselves to be responsible for each other's well-being." § 24-7A-5.

An adult or emancipated minor, while having capacity, also has the right to make his or her own health-care decisions and may give individual instructions that are limited for specific conditions. These can be written or oral. If an instruction is made orally it should be given directly to the health care provider. § 24-7A-5. A written advance directive should be witnessed by two individuals. § 24-7A-4.

Citation: Uniform Health Care Decision Act: N.M. Stat. Ann. §§ 24-7A-1 to 24-7A-18

The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.

Last Updated: 4/30/2008