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 […]
Section 45-5-414 – Compensation and expenses.
If not otherwise compensated for services rendered, any visitor, attorney, physician, conservator or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate. History: 1953 Comp., § 32A-5-414, enacted by Laws 1975, ch. 257, § 5-414. ANNOTATIONS Compiler’s notes. — This section is similar to former 32-2-8, 1953 Comp. Am. […]
Section 45-5-415 – Death, substitution, review and termination of conservatorship.
A. On the petition of the incapacitated person or a person interested in the incapacitated person’s welfare, the court may remove a conservator for good cause, upon notice and hearing. A temporary conservator may be appointed pursuant to Section 45-5-408 NMSA 1978 pending a final hearing. B. Upon death, resignation or removal of a conservator, […]
Section 45-5-416 – Petitions for orders subsequent to appointment.
A. Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order: (1) requiring bond or security or additional bond or security, or reducing bond; (2) requiring an accounting for the administration of the estate; (3) directing distribution; (4) […]
Section 45-5-417 – General duty of conservator.
In the exercise of a conservator’s powers, a conservator shall act as a fiduciary and shall observe the standards of care applicable to trustees as described by Sections 46A-8-801 through 46A-8-807 NMSA 1978. History: 1953 Comp., § 32A-5-417, enacted by Laws 1975, ch. 257, § 5-417; 2011, ch. 124, § 58. ANNOTATIONS The 2011 amendment, […]
Section 45-5-418 – Inventory and records.
A. Within ninety days after his appointment, every conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person together with his oath or affirmation that it is complete and accurate so far as he is informed. B. The conservator shall provide a copy of the inventory […]
Section 45-5-419 – Repealed.
ANNOTATIONS Repeals. — Laws 1993, ch. 301, § 28 repealed 45-5-419 NMSA 1978, as enacted by Laws 1975, ch. 257, § 5-419, relating to the filing of a conservator’s account of his or her administration of the estate, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.
Section 45-5-420 – Conservators; title by appointment.
A. The appointment of a conservator vests in him title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property previously held for the protected person by custodians or attorneys-in-fact. B. The appointment of a conservator is not a transfer or alienation within the meaning of […]
Section 45-5-405.1 – Protective arrangements and single transactions authorized.
A. If after notice in accordance with Section 45-5-405 NMSA 1978 to all interested persons, as defined in Section 45-1-201 NMSA 1978, and after hearing, it is established that a basis exists as described in Section 45-5-401 NMSA 1978 for affecting the estate and financial affairs of a person, the court, without appointing a conservator, […]
Section 45-5-406 – Guardianship and protective proceedings; request for notice; interested person.
A. Any interested person who desires to be notified before any order is made in a guardianship proceeding, including any proceeding subsequent to the appointment of a guardian, or in a protective proceeding may file a request for notice with the clerk of the court in which the proceeding is pending. The clerk shall mail […]