Chapter 45 — Chapter 45

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 in…

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…

guardian. 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 d…

guardianship. 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 gua…

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 p…

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 …

A. When a petition for guardianship has been filed, but adherence to the procedures set out in Section 45-5-303 NMSA 1978 would cause serious, immediate and irreparable harm to the alleged incapacitated person's health, safety or welfare, the court may appoint a temporary guardia…

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 incapacitate…

guardian. 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 …

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. Sub…

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 cop…

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 g…

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 determin…

persons. 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 othe…

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 adap…

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 prote…

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 ind…

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 …

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…

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 finan…

notice; interested person. 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 o…

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 repres…

A. When a petition for conservatorship has been filed, but adherence to the procedures set out in Section 45-5-407 NMSA 1978 would cause serious, immediate and irreparable harm to the alleged incapacitated person's or minor's estate or financial interests, or both, the court may …

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 repor…

History: 1978 Comp., § 45-5-409.1, enacted by Laws 2018, ch. 10, § 13; repealed by Laws 2019, ch. 228, § 15.

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 fidu…

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. …

ANNOTATIONS Compiler's notes. — Laws 1975, ch. 257, § 5-412, contained this section number, but no accompanying text.

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 register…

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, §…

conservatorship. 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 197…

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 administrat…

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, § 5-41…

A. Within ninety days after his appointment, every conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person together with his oath or affirmation that it is complete and accurate so far as he is informed. B. The conse…

ANNOTATIONS Repeals. — Laws 1993, ch. 301, § 28 repealed 45-5-419 NMSA 1978, as enacted by Laws 1975, ch. 257, § 5-419, relating to the filing of a conservator's account of his or her administration of the estate, effective July 1, 1993. For provisions of former section, see the …

A. The appointment of a conservator vests in him title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property previously held for the protected person by custodians or attorneys-in-fact. B. The appointment of a c…

Subject to the requirements of laws governing the filing or recordation of documents of title to land or other property, letters of conservatorship, and orders terminating conservatorships, may be filed or recorded to give record notice of title as between the conservator and the…

Letters of conservatorship shall contain: A. the names, addresses and telephone numbers of the conservator; B. the name, address and telephone number of the person for whom a conservator has been appointed; and C. the scope of the conservatorship including the specific legal limi…

interest; voidable; exceptions. Any sale or encumbrance to a conservator, his spouse, agent or attorney, or to any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest is voidable unless…

A person who in good faith either assists a conservator or deals with him for value in any transaction other than those requiring a court order as provided in Section 5-408, is protected as if the conservator properly exercised the power. The fact that a person knowingly deals wi…

A. A conservator has all of the powers conferred herein and any additional powers conferred by law on trustees in New Mexico. In addition, a conservator for an unmarried minor, as to whom no one has parental rights, has the duties and powers of a guardian of a minor described in …

A. A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the protected person and his dependents in accordance with the following principles: (1) the conservator is to consider recommendations relating to the appr…

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 …

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 t…

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 deliv…

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…

The protected person, his personal representative, the conservator or any other person interested in the welfare of a person for whom a conservator has been appointed may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to th…

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 ot…

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 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.