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NEW MEXICO STATUTES AND CODES

Section 24-7B-16 - Transitional provisions.

24-7B-16. Transitional provisions.

A.     An advance directive for mental health treatment is valid for purposes of the Mental Health Care Treatment Decisions Act [24-7B-1 NMSA 1978] if it complies with the provisions of that act, regardless of when or where executed or communicated.   

B.     The Mental Health Care Treatment Decisions Act does not impair a guardianship, living will, durable power of attorney, right-to-die statement or declaration or other advance directive for health care decisions that is in effect before July 1, 2006.  

C.     Any mental health treatment or psychiatric advance directive, durable power of attorney for health care decisions, living will, right-to-die statement or declaration or similar document that is executed in another state or jurisdiction in compliance with the laws of that state or jurisdiction shall be deemed valid and enforceable in this state to the same extent as if it were properly made in this state.

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