For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact.
A New Mexico affidavit by an attorney-in-fact or by an affine in the capacity of an attorney-in-fact is a legal document that allows an individual to act on behalf of another person or entity (known as the principal) in various legal matters. This affidavit serves as an affirmation of the authority granted to the attorney-in-fact to represent the principal and make decisions or undertake transactions on their behalf. Keywords: New Mexico, affidavit, attorney-in-fact, affine, capacity, legal document, authority, representation, transactions. There are different types of New Mexico affidavits that can be executed by an attorney-in-fact or by an affine in the capacity of an attorney-in-fact, depending on the specific purpose or intention of the document. Some common types include: 1. General Power of Attorney Affidavit: This affidavit grants the attorney-in-fact broad powers to handle a wide range of legal, financial, and personal matters on behalf of the principal. It can be effective immediately or upon a specified event, such as the principal's incapacitation. 2. Special Power of Attorney Affidavit: This affidavit provides limited powers to the attorney-in-fact, restricting their authority to specific actions or decisions. It is often used when the principal wants to delegate certain responsibilities for a particular transaction or during a specific period of time. 3. Healthcare Power of Attorney Affidavit: This affidavit empowers the attorney-in-fact to make medical decisions on behalf of the principal, primarily when the principal becomes unable to make such decisions themselves due to incapacitation or illness. 4. Financial Power of Attorney Affidavit: This affidavit authorizes the attorney-in-fact to handle the principal's financial matters, including banking, tax, and investment decisions. It is commonly used to ensure the continuity of financial affairs in case the principal becomes incapacitated or is unable to manage their finances independently. 5. Real Estate Power of Attorney Affidavit: This affidavit grants the attorney-in-fact the power to manage and make decisions regarding the principal's real estate properties, such as buying, selling, renting, or managing properties on their behalf. In all cases, the New Mexico affidavit by an attorney-in-fact or by an affine in the capacity of an attorney-in-fact should accurately detail the identity of the principal, the extent and limitations of the attorney-in-fact's authority, and any conditions or contingencies for its activation or termination, as well as being witnessed and notarized to ensure its validity and enforceability in legal proceedings. It is advisable to consult with a licensed attorney to ensure that the specific requirements and provisions of New Mexico law are met when drafting and executing such affidavits.
