Chapter 45 — Chapter 45

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…

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 Me…

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…

History: 1978 Comp., § 45-5-501, enacted by Laws 1995, ch. 210, § 58; 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-502, enacted by Laws 1995, ch. 210, § 59; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-503, enacted by Laws 1995, ch. 210, § 60; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-504, enacted by Laws 1995, ch. 210, § 61; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-505, enacted by Laws 1995, ch. 210, § 62; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-601, enacted by Laws 1995, ch. 210, § 63; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-602, enacted by Laws 1995, ch. 210, § 64; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-603, enacted by Laws 1995, ch. 210, § 65; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-604, enacted by Laws 1995, ch. 210, § 66; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-605, enacted by Laws 1995, ch. 210, § 67; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-606, enacted by Laws 1995, ch. 210, § 68; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-607, enacted by Laws 1995, ch. 210, § 69; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-608, enacted by Laws 1995, ch. 210, § 70; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-609, enacted by Laws 1995, ch. 210, § 71; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-610, enacted by Laws 1995, ch. 210, § 72; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-611, enacted by Laws 1995, ch. 210, § 73; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-612, enacted by Laws 1995, ch. 210, § 74; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-613, enacted by Laws 1995, ch. 210, § 75; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-614, enacted by Laws 1995, ch. 210, § 76; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-615, enacted by Laws 1995, ch. 210, § 77; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-616, enacted by Laws 1995, ch. 210, § 78; repealed by Laws 2007, ch. 135, § 404.

History: 1978 Comp., § 45-5-617, enacted by Laws 1995, ch. 210, § 79; repealed by Laws 2007, ch. 135, § 404.

Chapter 45, Article 5A NMSA 1978 may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act". History: 1978 Comp., § 45-5A-101, enacted by Laws 2011, ch. 124, § 62.

As used in the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act: A. "adult" means an individual who has attained eighteen years of age; B. "conservator" means a person appointed by the court to administer the property of an adult, as provided in Chapter 45, …

Guardianship and Protective Proceedings Jurisdiction Act. A New Mexico court may treat a foreign country as if it were a state for the purpose of applying Parts 1, 2, 3 and 5 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. History: 1978 Comp., § 45-…

A. A New Mexico court may communicate with a court in another state concerning a proceeding arising pursuant to the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. The court may allow the parties to participate in the communication. Except as otherwise pro…

A. Except as otherwise provided by rules adopted by the New Mexico supreme court, in a guardianship or protective proceeding in New Mexico, a New Mexico court may request the appropriate court of another state to do any of the following: (1) hold an evidentiary hearing; (2) order…

A. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in New Mexico for testimony taken in another state. The court on its …

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 necessar…

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,…

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…

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 …

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…

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 …

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 a…

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 pet…

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 …

state. A. A guardian or conservator appointed in New Mexico may petition the court to transfer the guardianship or conservatorship to another state. B. Notice of a petition pursuant to Subsection A of this section shall be given to the persons that would be entitled to notice of …

from another state. A. To confirm transfer of a guardianship or conservatorship transferred to New Mexico pursuant to provisions similar to Section 45-5A-301 NMSA 1978, the guardian or conservator shall petition the New Mexico court to accept the guardianship or conservatorship. …

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…

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 Me…

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 pursuant to the laws of New Mexico, including maintaining actions and proce…

Commerce Act. The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit or supersede Section 101(c) …

A. Parts 1, 3 and 4 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act and Section 45-5A-501 NMSA 1978 apply to proceedings begun before January 1, 2012, regardless of whether a guardianship or protective order has been issued. B. The Uniform Adult Guar…

This act [45-5B-101 to 45-5B-403 NMSA 1978] may be cited as the "Uniform Power of Attorney Act". History: Laws 2007, ch. 135, § 101; 1978 Comp., § 46B-1-101 recompiled as § 45-5B- 101 by Laws 2011, ch. 124, § 102.

As used in the Uniform Power of Attorney Act: A. "agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact or otherwise. The term includes an original agent, co-agent, successor agent and a person to …

The Uniform Power of Attorney Act applies to all powers of attorney except: A. a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; B. a power to make…