Not required, but recommended.
A signature is presumed genuine if acknowledged before a notary; the section doesn't make notarization a condition of validity.
In the official wording
"A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature"
From the official pages listed below, checked November 2026.
What else the signing needs
- Witnesses
- None under the execution rule we read. The execution section doesn't mention witnesses, and the state's form has no witness section.
"A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature"
- Agent's acknowledgment
- The state's form has a signature and acknowledgment section for the agents, with a notary block.
"SIGNATURE AND ACKNOWLEDGMENT OF AGENT(S)"
- Recording for real estate
- The act lets an agent record instruments but doesn't require the power of attorney to be recorded.
- Official form
- New Mexico Durable Power of Attorney. The Aging and Long-Term Services Department publishes a durable power of attorney form under the Uniform Power of Attorney Act. Open the official form
- Durable after incapacity
- Durable unless it says incapacity ends it.
"is durable unless it expressly provides that it is terminated by the incapacity of the principal."
Next step
Sign by video with our New Jersey notary while you're in New Mexico, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10). How New Mexico treats it: New Mexico gives a notarial act performed in another state the same effect under New Mexico law as if a New Mexico notarial officer performed it. The 2023 amendments (Senate Bill 246) left that part unchanged. More on New Mexico signers.
If the agent will use it for real estate, ask the title company or the county clerk before you sign.
Book an online notarization Request a mobile notary in New Mexico
In person, we look for a notary commissioned in New Mexico near you; you approve the price first.
If a local notary in New Mexico does it: Acknowledgment, each, $5, under the state's fee rules (New Mexico notary fees).
Official sources
- HB 231 (2007), Uniform Power of Attorney Act (New Mexico Legislature) (checked November 2026)
- New Mexico Durable Power of Attorney form (New Mexico Aging and Long-Term Services Department) (checked November 2026)
We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.
Common questions
Is notarization required for a power of attorney in New Mexico?
Not required, but recommended. A signature is presumed genuine if acknowledged before a notary; the section doesn't make notarization a condition of validity.
Are witnesses needed for a New Mexico power of attorney?
None under the execution rule we read. The execution section doesn't mention witnesses, and the state's form has no witness section.
Does the agent sign anything in New Mexico?
The state's form has a signature and acknowledgment section for the agents, with a notary block.
Does a New Mexico power of attorney have to be recorded for a house sale?
The act lets an agent record instruments but doesn't require the power of attorney to be recorded.
Can I sign a New Mexico power of attorney with an online notary?
Our New Jersey notary can notarize it by video while you're in New Mexico. New Mexico gives a notarial act performed in another state the same effect under New Mexico law as if a New Mexico notarial officer performed it. The 2023 amendments (Senate Bill 246) left that part unchanged.
Keep going
- Signing checklist
- Power of attorney rules in every state
- A will in New Mexico
- A small estate affidavit in New Mexico
A power of attorney in another state: New Jersey · New York · every state