Section 45-5-408 – Temporary conservators.
A. When a petition for appointment of a conservator has been filed, but adherence to the procedures set out in this section would cause serious, immediate and irreparable harm to the estate or financial interests, or both, of the person to be protected, the court may appoint a temporary conservator prior to the final hearing […]
Section 45-5-409 – Annual report and account; audits.
A. Every conservator shall file an annual report and account with the appointing court within thirty days of the anniversary date of the conservator’s appointment, upon the conservator’s resignation or removal or upon termination of the conservatorship. A copy of the annual report and account shall also be submitted to the district judge who appointed […]
Section 45-5-409.1 – Repealed.
History: 1978 Comp., § 45-5-409.1, enacted by Laws 2018, ch. 10, § 13; repealed by Laws 2019, ch. 228, § 15. ANNOTATIONS Repeals. — Laws 2019, ch. 228, § 15 repealed 45-5-409.1 NMSA 1978, as enacted by Laws 2018, ch. 10, § 13, relating to waiver of liability, effective July 1, 2019. For provisions of […]
Section 45-5-410 – Who may be appointed conservator; priorities.
A. The court may appoint an individual, or a corporation with general power to serve as trustee, as conservator of the incapacitated person. The following are entitled to consideration for appointment in the order listed: (1) a conservator, guardian of property or other like fiduciary appointed or recognized by the appropriate court of any other […]
Section 45-5-404 – Original petition for appointment of conservator.
A. The following may petition for the appointment of a conservator: (1) a person interested in the estate, financial affairs or welfare of an individual, including a person that would be adversely affected by lack of effective management of property or financial affairs of an individual; or (2) the guardian for an individual. B. A […]
Section 45-5-404.1 – Duties of guardian ad litem.
A. The guardian ad litem shall: (1) interview the person to be protected in person prior to the hearing; (2) present the position of the person to be protected to the court; (3) interview the qualified health care professional, the visitor, the proposed conservator and any other person who may have relevant information concerning the […]
Section 45-5-405 – Notice in conservatorship proceedings.
A. On filing of a petition under Section 45-5-404 NMSA 1978 for appointment of a conservator, the court shall set a date, time and place for a hearing on the petition. B. A copy of a petition under Section 45-5-404 NMSA 1978 and notice of a hearing on the petition shall be served personally on […]
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 45-5-310 – Temporary guardians.
A. When a petition for guardianship has been filed, but adherence to the procedures set out in this section would cause immediate and irreparable harm to the alleged incapacitated person’s physical health, the court may appoint a temporary guardian prior to the final hearing and decision on the petition, subject to the requirements of this […]
Section 45-5-311 – Who may be appointed guardian; priorities; qualifications.
A. Any person deemed to be qualified by the court may be appointed guardian of an incapacitated person, except that no individual who operates or is an employee of a boarding home, residential care home, nursing home, group home or other similar facility in which the incapacitated person resides may serve as guardian for the […]