How to Notarize a Caregiver Affidavit in New Mexico

Why the Affidavit Needs a Notary

The New Mexico Caregiver's Authorization Affidavit under NMSA § 40-10B-15 is a sworn statement. You sign it "under penalty of perjury," and a notary public witnesses that signature and confirms your identity. Without notarization, schools and doctors can reject it.

This is not optional. The statute requires it, and front-desk staff are trained to check for the notary seal.

What to Bring to the Notary

You need three things:

1. The completed affidavit. Fill out every applicable item before you go. Do not sign it yet — the notary needs to watch you sign.
2. Identification. A current government photo ID is convenient, but not the only way to establish identity. A New Mexico notary may identify you through personal knowledge or satisfactory evidence; call ahead to confirm what the notary will accept if you do not have current photo ID.
3. The child's information. You will have already filled in the child's name and date of birth on the form. The notary does not verify the child's identity — they verify yours.

The notary does not review the content of your affidavit for legal accuracy. Their role is to confirm your identity and witness your signature.

Where to Get It Notarized for Free

Banks and credit unions. Most New Mexico banks offer free notary services to account holders. Wells Fargo, Bank of New Mexico, and local credit unions like Nusenda and Rio Grande Credit Union typically have a notary on staff. Call ahead — not every branch has one available every day.

Public libraries. Some Albuquerque and Las Cruces public library branches offer free notary appointments. The Albuquerque Bernalillo County Library System has offered notary events at multiple branches. Check the library's event calendar or call your nearest branch.

CYFD Kinship Navigator. Call 855-546-1212 and ask about free notary resources in your area. The navigator can point you to community organizations that offer notary services for kinship caregivers at no cost.

Tribal offices. If you live on or near pueblo or tribal lands, some tribal administrative offices have notaries available. Contact your tribal social services department.

Paid Notary Options

If free options are not convenient, these are widely available:

• UPS Store — notary service is available at participating locations. New Mexico caps the fee for a jurat or acknowledgment at $5 per notarial act; call ahead to confirm the location has a notary.
• FedEx Office — FedEx's notary service is online, not in-store, and starts at $25 for one document. You can print the notarized document at a FedEx Office location afterward.
• Mobile notaries — they come to you, usually $25–$50 in the Albuquerque metro, more in rural areas. Search "mobile notary" on Google or Bing plus your city.

Common Mistakes That Cause Problems

Signing before you get to the notary. If you sign at home and then bring the form in, the notary cannot notarize it. They must witness the signature. You will need to start with a fresh form.

Using an expired ID. A passport, driver's license, or other government ID used as satisfactory evidence must be current or expired no more than one year. A notary may also identify you through personal knowledge or a qualifying credible witness.

Leaving the additional medical-care fields blank. If you are a relative under NMSA § 40-10B-3 and need authority for care beyond that covered by Items 1–4, complete the additional fields before the appointment. The court-posted 2001 PDF labels these Items 5–8. Going back for a second notarization because you skipped the medical section costs you another trip.

Not making copies. The notary stamps the original. Before you leave, make several copies — you will need one for the school, one for the doctor's office, one for the dentist, and one to keep at home.

After Notarization

The affidavit is valid for no more than one year from the date it is executed. Bring copies to the child's school, primary care doctor, dentist, and any other institution that needs to verify your authority. Keep the original in a safe place.

If the child stops living with you before the year is up, you are legally required to notify every institution that received a copy.

Our New Mexico School and Medical Consent Guide includes a document distribution tracker and a renewal timeline so you do not exceed the affidavit's one-year maximum validity.

See more New Mexico guides →