A. As used in Part 2 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act: (1) “emergency” means a circumstance that likely will result in substantial harm to a respondent’s health, safety or welfare and for which the appointment of a guardian is necessary because no other person has authority and is willing to […]
Part 2 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act provides the exclusive jurisdictional basis for a New Mexico court to appoint a guardian or issue a protective order for an adult. History: 1978 Comp., § 45-5A-202, enacted by Laws 2011, ch. 124, § 69. ANNOTATIONS Effective dates. — Laws 2011, ch. 124, […]
A New Mexico court has jurisdiction to appoint a guardian or issue a protective order for a respondent if: A. New Mexico is the respondent’s home state; B. on the date the petition is filed, New Mexico is a significant-connection state and: (1) the respondent does not have a home state or a court of […]
A. A New Mexico court lacking jurisdiction pursuant to Section 45-5A-203 NMSA 1978 has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in New Mexico; (2) issue a protective order with respect to real […]
Except as otherwise provided in Section 45-5A-204 NMSA 1978, a court that has appointed a guardian or issued a protective order consistent with the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its […]
A. A New Mexico court having jurisdiction pursuant to Section 45-5A-203 NMSA 1978 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. B. If a New Mexico court declines to exercise its […]
A. If at any time a New Mexico court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to: (a) ensure the health, safety and welfare […]
If a petition for the appointment of a guardian or issuance of a protective order is brought in New Mexico and New Mexico was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of New Mexico, notice of the petition shall be given to […]
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in New Mexico pursuant to Paragraph (1) or (2) of Subsection A of Section 45-5A-204 NMSA 1978, if a petition for the appointment of a guardian or issuance of a protective order […]
