A. As used in this section:

Terms Used In New Mexico Statutes 24-6B-21

  • Donor: The person who makes a gift.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC

(1)     “advance health-care directive” means a power of attorney for health care, a health-care directive made pursuant to the provisions of the Uniform Health-Care Decisions Act [N.M. Stat. Ann. Chapter 24, Article 7A] or a record signed by a prospective donor containing the prospective donor’s direction concerning a health-care decision for the prospective donor;

(2)     “declaration” means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor; and

(3)     “health-care decision” means any decision made regarding the health care of the prospective donor.

B. If a prospective donor has a declaration or advance health-care directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor, unless the declaration expressly provides to the contrary.

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