A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.

Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.

In New Mexico, a living will is recognized as an Advance Health Care Directive under the New Mexico Uniform Health-Care Decisions Act. This legal document allows an individual, known as the declarant, to outline their preferences for medical treatment in the event that they are unable to communicate their wishes due to a medical emergency or incapacitation. The directive can include instructions on administering, withholding, or withdrawing life-sustaining treatments if the declarant is in a terminal condition or an irreversible coma. Additionally, the Advance Health Care Directive may appoint a health care agent to make decisions on behalf of the declarant when they are unable to do so. New Mexico law requires that the document be signed by the declarant and either notarized or witnessed by two individuals who meet certain criteria. It is important for residents of New Mexico to understand that these directives must comply with state-specific requirements to be legally valid.