A. The parent of an unmarried incapacitated person may appoint by will, or other writing signed by the parent and attested by at least two witnesses, a guardian of the incapacitated person. If both parents are dead or incapacitated or the surviving parent has no parental rights or has been adjudged incapacitated, appointment becomes effective […]
History: Laws 1993, ch. 301, § 24; repealed by Laws 2011, ch. 124, § 97. ANNOTATIONS Repeals. — Laws 2011, ch. 124, § 97 repealed 45-5-301.2 NMSA 1978, as enacted by Laws 1993, ch. 301, § 24, relating to foreign guardians, effective January 1, 2012. For provisions of former section, see the 2010 NMSA 1978 […]
Venue for guardianship proceedings for an alleged incapacitated person is in the judicial district where the alleged incapacitated person resides or is present. If the alleged incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the judicial district in which that court sits. History: […]
A. An interested person may petition for appointment of a guardian for an alleged incapacitated person. B. A petition under Subsection A of this section shall state the petitioner’s name, principal residence, current street address, if different, relationship to the alleged incapacitated person, interest in the appointment, the name and address of any attorney representing […]
A. The guardian ad litem shall: (1) interview in person the alleged incapacitated person prior to the hearing; (2) present the alleged incapacitated person’s declared position to the court; (3) identify and present all available less restrictive alternatives to guardianship; (4) interview the qualified health care professional, the visitor and the proposed guardian; (5) review […]
A. The court, at the hearing on the petition for appointment for a guardian pursuant to provisions of Chapter 45, Article 5 NMSA 1978, shall: (1) inquire into the nature and extent of the functional limitations of the alleged incapacitated person; and (2) ascertain the alleged incapacitated person’s capacity to care for the alleged incapacitated […]
By accepting a testamentary or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to him at his address as listed in the […]
The authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or protected person, the determination of incapacity of the guardian or upon removal or resignation as provided in Section 45-5-307 NMSA 1978. Upon the death of the protected person, the guardian shall submit notice to the appointing […]
A. On the petition of the incapacitated person or any person interested in the incapacitated person’s welfare and upon notice and hearing, the court may remove a guardian and appoint a successor if it is in the best interest of the incapacitated person or if the guardian fails to comply with the guardian’s duties as […]
Letters of guardianship shall contain: A. the names, addresses and telephone numbers of the guardian; B. the name, address and telephone number of the incapacitated person; and C. the scope of the guardianship including the specific legal limitations imposed by the court on the powers of the guardian. History: 1978 Comp., § 45-5-308, enacted by […]
A. On filing of a petition under Section 45-5-303 NMSA 1978 for appointment of a guardian for an alleged incapacitated person, the court shall set a date, time and place for hearing the petition. B. A copy of a petition under Section 45-5-303 NMSA 1978 and notice of a hearing on the petition shall be […]
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 […]
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 […]
A. If the court enters judgment pursuant to Subsection C of Section 45-5-304 NMSA 1978, it shall appoint a limited guardian if it determines that the protected person is able to manage some but not all aspects of personal care. The court shall specify those powers that the limited guardian shall have and may further […]
A. The court where the protected person resides has concurrent jurisdiction with the court that appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship. B. Subject to the transfer provisions of the Uniform Adult Guardianship and Protective Proceedings Jurisdication [Jurisdiction] […]
A. The guardian of an incapacitated person shall file an initial report with the appointing court within ninety days of the guardian’s appointment. Thereafter, the guardian shall file an annual report within thirty days of the anniversary date of the guardian’s appointment. A copy of the report shall also be submitted to the district judge […]
An alleged incapacitated person shall not be permitted by the court to consent to the appointment of a guardian. All the procedural safeguards contained in Chapter 45, Article 5 NMSA 1978 pursuant to the appointment of a guardian for an incapacitated person shall apply in every guardianship proceeding. History: 1978 Comp., § 45-5-317, enacted by […]
