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Current as of January 01, 2024 | Updated by Findlaw Staff
A. A supporter shall:
(1) act in good faith;
(2) act with the care, competence and diligence ordinarily exercised by a reasonable person in similar circumstances;
(3) act only within the scope of authority granted in the supported decision-making agreement;
(4) not engage in self-dealing;
(5) support the will and preference of the decision-maker rather than the supporter's opinion of the decision-maker's best interests;
(6) not receive compensation as a result of the supporter's duties under a supported decision-making agreement; and
(7) stop serving as a supporter if the supporter questions the capacity of the decision-maker to continue making decisions.
B. In the absence of an applicable power of attorney a supporter is prohibited from:
(1) making decisions on behalf of the decision-maker;
(2) signing legal documents on behalf of the decision-maker;
(3) binding the decision-maker to a legal agreement;
(4) obtaining, without the consent of the decision-maker, information that is not reasonably related to matters with which the supporter is authorized to assist pursuant to the supported decision-making agreement; and
(5) using, without the consent of the decision-maker, information acquired for a purpose other than assisting the decision-maker to make a decision under the supported decision-making agreement.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 24. Health and Safety § 24-7D-6. Supporter duties and authority; supporter prohibitions - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-24-health-and-safety/nm-st-sect-24-7d-6/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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