Chapter 28, Article 16B NMSA 1978 may be cited as the “Office of Guardianship Act”. History: Laws 2003, ch. 280, § 1; 2009, ch. 159, § 7. ANNOTATIONS Cross references. — For mental health and development disabilities, see Chapter 43, Article 1 NMSA 1978. The 2009 amendment, effective June 19, 2009, changed the reference to […]
As used in the Office of Guardianship Act: A. “professional guardian” means an individual or entity appointed by a court that serves as a guardian for more than two individuals who are not related to the guardian by marriage, adoption or third degree of blood or affinity; and B. “protected person” means a person eighteen […]
A. The “office of guardianship” is created in the developmental disabilities planning council. B. The executive director of the developmental disabilities planning council shall employ a head of the office who shall be an attorney licensed in New Mexico who is hired on the basis of ability, experience and knowledge of guardianship issues under the […]
A. The office of guardianship may: (1) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to carry out the provisions of the Office of Guardianship Act; and (2) enter into agreements with other state or federal agencies to provide guardianship services and to provide or receive payment for […]
A. The office of guardianship shall monitor professional guardians providing services to income-eligible protected persons and enforce agreements the office has executed with guardianship and legal services providers. In carrying out this duty, the office may: (1) have access to case records, copies of court filings and reports, financial records and other records maintained by […]
A service agreement for guardianship services shall include: A. a requirement that service providers be certified and in good standing with a national or state organization recognized by the supreme court that provides professional certification for guardians; B. a requirement for adoption and compliance with a code of ethics for guardians; C. the maximum caseload […]
A. The office of guardianship shall establish by rule for the filing, investigation and resolution of complaints about guardianship services provided by contractors. B. The office shall acknowledge receipt of the complaint, notify all parties involved and initiate an investigation within fifteen working days of the filing of the complaint. C. A determination shall be […]
A. The “office of guardianship fund” is created in the state treasury. All gifts, donations, bequests and interest income of the developmental disabilities planning council’s office of guardianship shall be deposited by the executive director of the developmental disabilities planning council into the fund. The developmental disabilities planning council shall administer the fund, and money […]
