Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:
(1) to the conservator or guardian, if one has been appointed for the principal, and a co-agent or successor agent; or
(2) if there is no person described in Paragraph (1) of this subsection, to:
(a) the principal's caregiver;
(b) another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or
(c) a governmental agency having authority to protect the welfare of the principal.
History: Laws 2007, ch. 135, § 118; 1978 Comp., § 46B-1-118 recompiled as § 45-5B-118 by Laws 2011, ch. 124, § 102.
Recompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-118 NMSA 1978 as 45-5B-118 NMSA 1978, effective January 1, 2012.
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