New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS
Part 5 - PRIVACY OFFICE
Section 8.8.5.12 - PERSONAL REPRESENTATIVE
Current through Register Vol. 35, No. 18, September 24, 2024
The department generally recognizes the legal authority of a personal representative to act on behalf of an individual. However, the department will decline to treat a person as a personal representative in the following circumstances:
A. The person does not present sufficient documentation or other evidence of authority to represent the individual;
B. There is a reasonable belief that the individual has been or may be subjected to domestic violence, abuse or neglect by such person and that treating the person as the personal representative could endanger the individual or that, in the department's professional judgment, it is not in the best interest of the individual to treat the person as the individual's personal representative, or
C. The individual is an unemancipated minor but is authorized to give lawful consent or authorization or may obtain health care without consent of the personal representative, and the minor has not requested that the person be treated as the minor's personal representative, or the personal representative has assented to agreement of confidentiality between the department and the minor.
