New Mexico Supported Decision-Making Agreement Form and How to Create One

What the 2025 Act Changed

New Mexico formally recognized Supported Decision-Making Agreements through SB 535 and HB 149 (Laws 2025, ch. 84, § 9), which took effect on July 1, 2025. Before this law, SDM agreements had no statutory backing in the state — families used them informally, and third parties like banks and hospitals had no legal obligation to honor them.

Now, an SDM agreement executed under the act is a legally recognized instrument. The law established a formal program within the Office of Guardianship under the Developmental Disabilities Council, backed by a $289,000 state appropriation to support implementation and public education.

How It Works

An SDM agreement lets the decision-maker (your adult child) retain full legal capacity while authorizing one or more trusted supporters to help them. The supporter's role is strictly assistance — not substitution. They can:

• Help gather, access, and understand relevant information across educational, medical, and financial domains
• Help communicate the decision-maker's choices to third parties
• Attend meetings and appointments alongside the decision-maker

What supporters cannot do is equally important:

• Make decisions on behalf of the decision-maker
• Sign legal documents for them
• Bind them to any legal or financial agreement
• Receive compensation for their role

The decision-maker remains the one making every choice. The supporter is a translator and organizer, not a decision-maker.

Execution Requirements

The act imposes strict requirements to prevent abuse:

1. The agreement must be written using the form promulgated by the New Mexico Supreme Court
2. It must be dated
3. Both the decision-maker and the supporter must sign voluntarily
4. It must be signed in the presence of at least two adult witnesses
5. The signatures must be formally acknowledged before a notary public

All five requirements must be met. An agreement without witnesses or notarization does not qualify for the legal protections under the act.

Capacity Threshold

The SDM framework presumes capacity. Your adult child needs to be able to understand the basic concept of choosing trusted helpers — someone who will assist them in understanding information and communicating their choices. This is a lower bar than the contractual capacity needed for a Durable Power of Attorney or the medical understanding needed for an Advance Health Care Directive.

Most young adults with mild to moderate intellectual disabilities meet this threshold. If your child can identify people they trust and express a preference for having help with decisions, that typically satisfies the standard.

When the Agreement Ends

An SDM agreement terminates automatically in two situations:

1. The decision-maker's primary care practitioner and one other qualified health professional with training in functional impairment determine that the decision-maker can no longer make decisions even with support
2. A court issues a protective order

The decision-maker can also revoke the agreement at any time. This is a feature, not a bug — it reinforces that the individual retains full autonomy.

Getting Third Parties to Accept It

The 2025 act gives SDM agreements statutory recognition, but it does not give the supporter binding authority or make the supporter an agent or proxy. Institutions may still need to process the agreement under their own procedures. When presenting the agreement to a third party:

• Bring the original notarized agreement with a copy to leave on file
• Reference the specific statute: NMSA 1978, §§ 24-7D-1 to -14
• Explain that the decision-maker retains all authority — the supporter is not an agent or proxy
• If the institution refuses, document the refusal in writing and contact Disability Rights New Mexico (DRNM) for assistance

Combining SDM with Other Legal Tools

An SDM agreement works best as part of a layered approach. It covers day-to-day decision support, but it does not grant binding financial or medical authority. For a comprehensive transition plan, most families combine:

• SDM agreement for general decision support across all domains
• Advance Health Care Directive for medical decisions when the individual lacks capacity
• Durable Financial Power of Attorney for financial transactions that require a binding agent

This combination can cover many transition needs without court involvement, annual guardianship reporting obligations, or any reduction in your child's civil rights.

The New Mexico Adult Guardianship & Alternatives Guide walks through how to evaluate which combination of instruments fits your child's capacity profile, including the Functional Capacity Decision Worksheet that maps abilities to each legal tool's requirements.

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