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Elder Law Section Resources

ESTATE AND LEGAL FINANCIAL ISSUES

Estate Planning

Life planning in New Mexico: Guide to state law on powers of attorney, right to die, nursing home benefits, wills, trusts, and probate / by Merri Rudd

From Senior Citizens Law office:

• It Takes More Than a Will to Plan Your Estate
• Should I Have a Will?
• Transfer on Death Deeds
• Organizing Important Information for Your Personal Representative, Family and Friends
• Joint Accounts – There’s a better way than putting your child’s name on your bank account
• Why You Should Not - Put your child’s name on your primary residence
• Delegating Health Care and Financial Decisions

Durable Power of Attorney

New Mexico Form Statutory Power of Attorney

Uniform Power Of Attorney Act Commentaries

Bankruptcy

American Bankruptcy Institute website includes court opinions, legislative news and updates, and an online library.
The United States Bankruptcy Court for the District of New Mexico maintains an excellent website with general bankruptcy information and links to other resources about bankruptcy.

Taxes

Tax information for New Mexico
Life Events That May Have Tax Consequences for Seniors and Retirees
Where to Get Help in Completing Tax Forms through CNM and the IRS Volunteer Income Tax Assistance (VITA) program
Tax Counseling for the Elderly - AARP Foundation Tax-Aide offers free help for older taxpayers and people with limited incomes.

Health Care and End of Life Decisions

Advanced Directives

Advance Health Care Directive explanation

New Mexico Statutory Advance Health Care directive form in Spanish.
Website provides New Mexico Statutory Advance Health Care directive form.

New Mexico Statutory Advanced Directive for Mental Health Treatment

Values History Form - (UNM Health Science Center Institute for Ethics) The Values History Form recognizes that medical decisions we make for ourselves are based on those beliefs, preferences and values that matter most to us: How do we feel about our overall health? What personal relationships in our lives are important to us? How do we feel about independence or dependence? About pain, illness, dying and death? What are our goals for the future?

Values History Form in Spanish - (UNM Health Science Center Institute for Ethics)

Includes the five wishes questionnaire for end of life care.

Consumer’s Tool Kit for Health Care Advance Planning - The tool kit does not create a formal advance directive. Instead, it helps in discovering, clarifying, and communicating what is important in the face of serious illness.

Advanced Directives Statutes:

New Mexico Uniform Health Care Decisions Act

Mental Health Care Treatment Decisions Act

EMS DNR

Website for EMS DNR forms - A DNR form should be signed by the caregiver or doctor or nurse. The original order should put in a spot where it could be found easily by the EMTs if called. The EMT's are trained to look on the fridge, night stand, above the bed. Also, a copy can be placed with the patient’s doctor. This Order applies only to resuscitation attempts by health care providers in the prehospital setting i.e.in patients’ homes, in a long-term care facility, during transport to or from a health care facility, or in other locations outside acute care hospitals.

Organ and Anatomical Donation

Website has forms for anatomical donation for medical research as well as information about organ donation.

New Mexico Lions Eye Bank for patients, surgeons and hospitals

New Mexico Organ and Tissue Donor Registry - Donor Services is committed to saving and improving lives, connecting one life to another through donation and transplantation.

Probate

New Mexico Probate Forms

Probate Judges Manual - A Guide for New Mexico Probate Judges by Judge Merri Rudd with assistance from Lori Frank
Ask The Probate Judge - articles originally printed in the Albuquerque Journal, Business Outlook by Merri Rudd

Legal Assistance Programs

Senior Citizens Law Office serves seniors age 60 and older in Bernalillo, Sandoval, Torrance, and Valencia Counties, New Mexico, with a wide range of free legal services.
Lawyer Referral for the Elderly - A program of the New Mexico State Bar Foundation that provides legal information, advice, brief services, and referrals to all New Mexico residents 55 years of age and older.
Law Access New Mexico provides legal advice, brief service and referrals to eligible low-income New Mexicans over the telephone and help remove barriers to the justice system.
New Mexico LawHelp - A guide to legal information and free civil legal services for low-income persons and seniors. Provides information on how to contact programs offering legal assistance in New Mexico.