Section 45-5-426 – Consent to conservatorship; applicable laws.
All the procedures contained in Chapter 45, Article 5 NMSA 1978 pursuant to the appointment of a conservator for a person under conservatorship shall apply. The person for whom a conservatorship is sought shall not be allowed to consent to the appointment of a conservator by the court. History: 1978 Comp., § 45-5-426, enacted by […]
Section 45-5-427 – Preservation of estate plan.
In investing the estate, and in selecting assets of the estate for distribution under Subsection A of Section 5-425 [45-5-425 NMSA 1978], and in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the conservator or the court, and in exercising any other powers vested in them, […]
Section 45-5-428 – Claims against protected person; enforcement.
A. A conservator must pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods: (1) the claimant may deliver or mail to the conservator a written statement of […]
Section 45-5-429 – Individual liability of conservator.
A. Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in the conservator’s fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the conservator’s representative capacity and identify the estate in the contract. B. The conservator is individually liable […]
Section 45-5-430 – Termination of proceeding.
The protected person, his personal representative, the conservator or any other person interested in the welfare of a person for whom a conservator has been appointed may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective […]
Section 45-5-421.1 – Letters of conservatorship.
Letters of conservatorship shall contain: A. the names, addresses and telephone numbers of the conservator; B. the name, address and telephone number of the person for whom a conservator has been appointed; and C. the scope of the conservatorship including the specific legal limitations imposed by the court on the powers of the conservator. History: […]
Section 45-5-422 – Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions.
Any sale or encumbrance to a conservator, his spouse, agent or attorney, or to any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest is voidable unless the transaction is approved by the court after notice to interested persons and others […]
Section 45-5-423 – Persons dealing with conservators; protection.
A person who in good faith either assists a conservator or deals with him for value in any transaction other than those requiring a court order as provided in Section 5-408, is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require […]
Section 45-5-411 – Bond and terms; requirements of bonds.
A. Except as otherwise provided in Subsection C of this section, the court shall require a conservator to furnish a bond with a surety the court specifies, or require an alternative asset-protection arrangement, conditioned on faithful discharge of all duties of the conservator. The court may waive the requirement only if the court finds that […]
Section 45-5-413 – Acceptance of appointment; consent to jurisdiction.
A. By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. B. Notice of any proceeding shall be delivered to the conservator, or mailed to him by registered or certified mail at his address as listed in […]