Section 45-5-431 – Payment of debt and delivery of property to foreign conservator without local proceedings.
A. Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action belonging to a protected person, may pay or deliver to a conservator, guardian of the estate or other like fiduciary appointed by a court of the state of residence of […]
Section 45-5-432 – Repealed.
History: 1953 Comp., § 32A-5-432, enacted by Laws 1975, ch. 257, § 5-432; 1978 Comp., § 45-5-432, repealed by Laws 2011, ch. 124, § 97. ANNOTATIONS Repeals. — Laws 2011, ch. 124, § 97 repealed 45-5-432 NMSA 1978, as enacted by Laws 1975, ch. 257, § 5-432, relating to foreign conservators, effective January 1, 2012. […]
Section 45-5-433 – Repealed.
ANNOTATIONS Repeals. — Laws 1993, ch. 301, § 28 repealed 45-5-433 NMSA 1978, as enacted by Laws 1989, ch. 252, § 28, relating to exemptions for veterans, effective July 1, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com.
Section 45-5-434 – Registration of guardianship orders.
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in New Mexico, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in New Mexico by filing as a […]
Section 45-5-435 – Registration of protective orders.
If a conservator has been appointed in another state and a petition for a protective order is not pending in New Mexico, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in New Mexico by filing as a foreign judgment […]
Section 45-5-436 – Effect of registration.
A. Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in New Mexico all powers authorized in the order of appointment except as prohibited under the laws of New Mexico, including maintaining actions and proceedings in New Mexico and, if the guardian or conservator is not a […]
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 […]