Upon petition and after notice and hearing in accordance with the provisions of the [Uniform] Probate Code, the court may appoint a conservator as follows: A. appointment of a conservator may be made in relation to the estate and financial affairs of a minor if the court determines that: (1) a minor owns property that […]
After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has: A. exclusive jurisdiction to determine the need for a conservator or other protective order; B. exclusive jurisdiction to determine how the estate […]
A. The court shall exercise the authority conferred in Chapter 45, Article 5 NMSA 1978 to encourage the development of maximum self-reliance and independence of a protected person and make protective orders only to the extent necessitated by the protected person’s mental and adaptive limitations and other conditions warranting the procedure. B. The court has […]
Venue for conservatorship proceedings is: A. in the judicial district where the person to be protected resides or is present; or B. if the person to be protected does not reside in New Mexico, in any judicial district in New Mexico where he has property. If the person to be protected is admitted to an […]
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 […]
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 […]
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 […]
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, […]
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 […]
A. Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing on the matters alleged in the petition. If at any time in the proceeding the court finds the minor is or may be inadequately represented, it may appoint an […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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, […]
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) […]
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, […]
