reglab/housing_qa huggingface dataset:
NM Stat § 45-5-408 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 45-5-408 - Temporary conservators.

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 and decision on the petition, subject to the requirements of this section. B. Upon motion of the petitioner, the court shall schedule a hearing on the appointment of a temporary conservator for the earliest possible date, appoint counsel for the person to be protected and give notice as provided in Section 45-5-405 NMSA 1978. Upon a finding that serious, immediate and irreparable harm to the estate and financial interests of the person to be protected would result during the pendency of petition, the court shall appoint a temporary conservator and shall specify the temporary conservator's powers in order to prevent serious, immediate and irreparable harm to the property of the person to be protected. The duration of the temporary conservatorship shall not exceed sixty days, except that upon order of the court, the temporary conservatorship may be extended for no more than thirty days. C. A temporary conservator may be appointed without notice to the person to be protected only if it clearly appears from specific facts shown by affidavit or sworn testimony that serious, immediate and irreparable harm will result to the estate or financial interests of the person to be protected before a hearing on the appointment of a temporary conservator can be held. The person to be protected shall be notified in a writing by the petitioner within twenty-four hours of the appointment of a temporary conservator in substantial accordance with the provisions of Subsection B of Section 45-5-405 NMSA 1978. On two days' notice to the party who obtained the appointment of a temporary conservator without notice or on such shorter notice to that party as the court may prescribe, the person to be protected may appear and move for dissolution or modification of the court's order, and, in that event, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require. D. Appointment of a temporary conservator shall have the effect of limiting the legal rights of the person to be protected. Appointment of a temporary conservator shall not be evidence of incapacity. History: 1978 Comp., § 45-5-408, enacted by Laws 1989, ch. 252, § 21; 1993, ch. 301, § 18. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 252, § 21, repealed former 45-5-408 NMSA 1978, as enacted by Laws 1975, ch. 257, § 5-408, relating to permissible court orders, and enacted a new section, effective June 16, 1989. The 1993 amendment, effective July 1, 1993, rewrote this section to the extent that a detailed comparison is impracticable.
NM Stat § 45-5-409.1 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 45-5-409.1 - Repealed.

History: 1978 Comp., § 45-5-409.1, enacted by Laws 2018, ch. 10, § 13; repealed by Laws 2019, ch. 228, § 15. ANNOTATIONSRepeals. — 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 former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 45-5-413 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 45-5-413 - Acceptance of appointment; consent to jurisdiction.

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 the petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner. History: 1953 Comp., § 32A-5-413, enacted by Laws 1975, ch. 257, § 5-413. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward § 30; 49 C.J.S. Insane Persons § 41.
NM Stat § 45-5-414 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 45-5-414 - Compensation and expenses.

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. ANNOTATIONSCompiler's notes. — This section is similar to former 32-2-8, 1953 Comp. Am. Jur. 2d, A.L.R. and C.J.S. references. — Death of trustee, executor, administrator or guardian as affecting right to compensation, 7 A.L.R. 1595. Right of guardian who promises to provide out of own estate for ward to allowance out of ward's estate, 56 A.L.R. 536. Right and obligation of guardian other than parent in respect of services rendered by, or board or services furnished to, ward, 64 A.L.R. 692. Right of guardian to allowance for expenditures prior to appointment, 67 A.L.R. 1405. Guardian's contract employing attorney is binding on ward or his estate, 171 A.L.R. 468. Fiduciary's compensation on estate assets distributed in kind, 32 A.L.R.2d 778. Amount of attorney's compensation in matters involving guardianship and trusts, 57 A.L.R.3d 550. 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward §§ 76, 83, 162, 164; 49 C.J.S. Insane Persons §§ 51, 88.
NM Stat § 45-5-416 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 45-5-416 - Petitions for orders subsequent to appointment.

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) removing the conservator and appointing a temporary or successor conservator; or (5) granting other appropriate relief. B. A conservator may petition the appointing court for instructions concerning his fiduciary responsibility. C. Upon notice and hearing, the court may give appropriate instructions or make any appropriate order. History: 1953 Comp., § 32A-5-416, enacted by Laws 1975, ch. 257, § 5-416. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward §§ 33, 45, 54, 147, 154; 49 C.J.S. Insane Persons § 40.
NM Stat § 45-5-417 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 45-5-417 - General duty of conservator.

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. ANNOTATIONSThe 2011 amendment, effective January 1, 2012, changed the statutory reference to Sections 46A-8-801 through 46A-8-807 NMSA 1978. Conservator may facilitate execution of will. — Although a conservator must avoid conflicts of interest and must act as a trustee of property, it does not follow that because the conservator is appointed by the district court the conservator is an officer of the court, or that by arranging for the execution of a new will the conservator breached his fiduciary duties. Lucero v. Lucero, 1994-NMCA-128, 118 N.M. 636, 884 P.2d 527. Conservator may not file bankruptcy petition for missing debtor. — A conservator may not file a voluntary petition for bankruptcy on behalf of a debtor who is missing and whose whereabouts are unknown. In re King, 234 B.R. 515 (Bankr. D.N.M. 1999). Am. Jur. 2d, A.L.R. and C.J.S. references. — Care required of trustee or guardian with respect to retaining securities coming into his hands as assets of the estate, 112 A.L.R. 355. Right of guardian or committee of incompetent to incur obligations so as to bind incompetent or his estate, or to make expenditures, without prior approval by court, 63 A.L.R.3d 780. Validity of inter vivos gift by ward to guardian or conservator, 70 A.L.R.4th 499. 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward § 69; 49 C.J.S. Insane Persons § 49.
NM Stat § 45-5-418 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 45-5-418 - Inventory and records.

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 conservator shall provide a copy of the inventory to the protected person if he can be located, has attained the age of fourteen years, and has sufficient mental capacity to understand these matters, and to any parent or guardians with whom the protected person resides. C. The conservator shall keep suitable records of his administration and exhibit the same on request of any interested person. History: 1953 Comp., § 32A-5-418, enacted by Laws 1975, ch. 257, § 5-418. ANNOTATIONSCompiler's notes. — This section is similar to former 32-2-5, 1953 Comp. Accounting to be according to statute. — Where guardianship was authorized by the court, the guardian of an incapacitated person's estate must account according to the liability imposed by statute. In re Miera's Guardianship, 1934-NMSC-017, 38 N.M. 377, 34 P.2d 299 (decided under former law). Am. Jur. 2d, A.L.R. and C.J.S. references. — Conclusiveness and effect of annual or intermediate account of guardian of infant or incompetent, 99 A.L.R. 996. Surchargeability of trustee, executor, administrator or guardian in respect of mortgage investment, as affected by matters relating to value of property, 117 A.L.R. 871. 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward §§ 74, 145; 49 C.J.S. Insane Persons § 87.
NM Stat § 45-5-419 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 45-5-419 - Repealed.

ANNOTATIONSRepeals. — 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 1992 NMSA 1978 on NMOneSource.com.
NM Stat § 45-5-420 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 45-5-420 - Conservators; title by appointment.

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 conservator is not a transfer or alienation within the meaning of general provisions of any federal or state statute or regulation, insurance policy, pension plan, contract, will or trust instrument, imposing restrictions upon or penalties for transfer or alienation by the protected person of his rights or interest, but this section does not restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a conservator. History: 1953 Comp., § 32A-5-420, enacted by Laws 1975, ch. 257, § 5-420. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward § 73; 49 C.J.S. Insane Persons § 85.
NM Stat § 45-5-421 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 45-5-421 - Recording of conservator's letters.

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 protected person. History: 1953 Comp., § 32A-5-421, enacted by Laws 1975, ch. 257, § 5-421. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward §§ 28, 34, 35, 52; 49 C.J.S. Insane Persons § 41.
NM Stat § 45-5-421.1 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 45-5-421.1 - Letters of conservatorship.

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 limitations imposed by the court on the powers of the conservator. History: 1978 Comp., § 45-5-421.1, enacted by Laws 1989, ch. 252, § 26.
NM Stat § 45-5-422 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 45-5-422 - Sale, encumbrance or transaction involving conflict of 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 the transaction is approved by the court after notice to interested persons and others as directed by the court. History: 1953 Comp., § 32A-5-422, enacted by Laws 1975, ch. 257, § 5-422. ANNOTATIONSChange in will. — Section 45-5-422 NMSA 1978 speaks in general terms of "any sale or encumbrance to a conservator" and does not speak directly to transfers by will or changes in an estate plan so as to constitute a breach of fiduciary duty by a conservator's efforts to make arrangements requested by the protected person to change the protected person's will. Lucero v. Lucero, 1994-NMCA-128, 118 N.M. 636, 884 P.2d 527. Am. Jur. 2d, A.L.R. and C.J.S. references. — Guardian's purchase from corporation of which he is officer or stockholder as voidable or as ground for surcharging his account, 105 A.L.R. 449. Ownership of stock in corporation in which guardian holds stock in fiduciary capacity by guardian in his own right, 106 A.L.R. 220, 161 A.L.R. 1039. Transaction with affiliated corporation by corporate guardian as violation of rule against self-dealing, 151 A.L.R. 905. Validity of inter vivos gift by ward to guardian or conservator, 70 A.L.R.4th 499. 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward §§ 98 to 100; 49 C.J.S. Insane Persons § 85.
NM Stat § 45-5-423 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 45-5-423 - Persons dealing with conservators; protection.

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 with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, except that restrictions on powers of conservators which are endorsed on letters as provided in Section 5-426 [45-5-426 NMSA 1978] are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters. The protection here expressed is in addition to that provided by comparable provisions of laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries. History: 1953 Comp., § 32A-5-423, enacted by Laws 1975, ch. 257, § 5-423. ANNOTATIONSCompiler's notes. — This section includes within its scope some of the functions of former 32-1-35, 1953 Comp. The reference to Section 5-408 is a reference to a certain section of Chapter 257 of Laws 1975, which enacted the Uniform Probate Code, and was compiled as Section 45-5-408 NMSA 1978. That section was repealed and new provisions were enacted in 1993. Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward § 138; 49 C.J.S. Insane Persons § 107.
NM Stat § 45-5-426 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|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 Laws 1989, ch. 252, § 27. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 252, § 27, repealed former 45-5-426 NMSA 1978, as enacted by Laws 1975, ch. 257, § 5-426, relating to enlargement or limitation of powers of conservator, and enacted a new section, effective June 16, 1989.
NM Stat § 45-5-427 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|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, the conservator or the court should take into account any known estate plan of the protected person, including his will; any revocable trust of which he is settlor; and any contract, transfer or joint ownership arrangement with provisions for payment or transfer of benefits or interests at his death to another or others which he may have originated. The conservator may examine the will of the protected person. History: 1953 Comp., § 32A-5-427, enacted by Laws 1975, ch. 257, § 5-427. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward §§ 88 to 90; 49 C.J.S. Insane Persons § 85.
NM Stat § 45-5-429 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|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 for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if the conservator is personally at fault.C. Claims based on contracts entered into by a conservator in the conservator's fiduciary capacity on obligations arising from ownership or control of the estate or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the conservator's fiduciary capacity, whether or not the conservator is individually liable for those claims.D. Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding or action.E. No person shall request, procure or receive a release or waiver of liability, however denominated, of a conservator, an agent, an affiliate or a designee of a conservator or any other third party acting on behalf of a conservator.F. A release or waiver of liability that is requested, procured or received contrary to the provisions of this section is void. History: 1953 Comp., § 32A-5-429, enacted by Laws 1975, ch. 257, § 5-429; 2019, ch. 228, § 13. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, prohibited waivers of liability for conservators, and provided that any release or waiver of liability requested, procured or received contrary to the provisions of this section is void; and added Subsections E and F.Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability in absence of mandatory statute, of guardian for loss of funds as affected by failure to obtain court order authorizing investment, 116 A.L.R. 437. Transaction with affiliated corporation, by corporate guardian as violation of rule against self-dealing, 151 A.L.R. 905. Liability of incompetent's estate for torts committed by guardian, committee or trustee in managing estate, 40 A.L.R.2d 1103. Guardian's liability for interest on ward's funds, 72 A.L.R.2d 757. 17A C.J.S. Contracts § 347; 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward § 93; 49 C.J.S. Insane Persons § 86.