reglab/housing_qa huggingface dataset:
NM Stat § 45-5A-302 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction|Part 3 - TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP|Section 45-5A-302 - Accepting guardianship or conservatorship transferred 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. The petition shall include a certified copy of the other state's provisional order of transfer. B. Notice of a petition pursuant to Subsection A of this section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and New Mexico. The notice shall be given in the same manner as notice is required to be given in New Mexico. C. On the court's own motion, or on request of the guardian or conservator, the incapacitated or protected person or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to Subsection A of this section. D. The court shall issue an order provisionally granting a petition filed pursuant to Subsection A of this section unless: (1) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or (2) the guardian or conservator is ineligible for appointment in New Mexico. E. The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in New Mexico upon its receipt from the court from which the proceeding is being transferred of a final order issued pursuant to provisions similar to Section 45-5A-301 NMSA 1978 transferring the proceeding to New Mexico. F. Not later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the laws of New Mexico. G. In granting a petition pursuant to this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator. H. The denial by a New Mexico court of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in New Mexico pursuant to Sections 45-5-301 and 45-5-401 NMSA 1978 if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer. History: 1978 Comp., § 45-5A-302, enacted by Laws 2011, ch. 124, § 78. ANNOTATIONSEffective dates. — Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 78 effective January 1, 2012.
NM Stat § 45-5A-401 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction|Part 4 - REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES|Section 45-5A-401 - 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 foreign judgment in a court, in any appropriate county of New Mexico, certified copies of the order and letters of office. History: 1978 Comp., § 45-5A-401, enacted by Laws 2011, ch. 124, § 79. ANNOTATIONSEffective dates. — Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 79 effective January 1, 2012.
NM Stat § 45-5A-402 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction|Part 4 - REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES|Section 45-5A-402 - 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 in a New Mexico court, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. History: 1978 Comp., § 45-5A-402, enacted by Laws 2011, ch. 124, § 80. ANNOTATIONSEffective dates. — Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 80 effective January 1, 2012.
NM Stat § 45-5A-403 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction|Part 4 - REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES|Section 45-5A-403 - 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 pursuant to the laws of New Mexico, including maintaining actions and proceedings in New Mexico and, if the guardian or conservator is not a resident of New Mexico, subject to any conditions imposed upon nonresident parties. B. A New Mexico court may grant any relief available pursuant to the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act and other law of New Mexico to enforce a registered order. History: 1978 Comp., § 45-5A-403, enacted by Laws 2011, ch. 124, § 81. ANNOTATIONSEffective dates. — Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 81 effective January 1, 2012.
NM Stat § 45-5A-501 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction|Part 5 - MISCELLANEOUS PROVISIONS|Section 45-5A-501 - Relation to Electronic Signatures In Global and National 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) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b). History: 1978 Comp., § 45-5A-501, enacted by Laws 2011, ch. 124, § 82. ANNOTATIONSEffective dates. — Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 82 effective January 1, 2012.
NM Stat § 45-5A-502 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction|Part 5 - MISCELLANEOUS PROVISIONS|Section 45-5A-502 - Transitional provision.

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 Guardianship and Protective Proceedings Jurisdiction Act applies to guardianship and protective proceedings begun on or after January 1, 2012. History: 1978 Comp., § 45-5A-502, enacted by Laws 2011, ch. 124, § 83. ANNOTATIONSEffective dates. — Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 83 effective January 1, 2012.
NM Stat § 45-5B-101 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-101 - Short title.

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. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-101 NMSA 1978 as 45-5B-101 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-103 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-103 - Applicability.

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 health care decisions; C. a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and D. a power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose. History: Laws 2007, ch. 135, § 103; 1978 Comp., § 46B-1-103 recompiled as § 45-5B-103 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-103 NMSA 1978 as 45-5B-103 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-104 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-104 - Power of attorney is durable.

A power of attorney created under the Uniform Power of Attorney Act is durable unless it expressly provides that it is terminated by the incapacity of the principal. History: Laws 2007, ch. 135, § 104; 1978 Comp., § 46B-1-104 recompiled as § 45-5B-104 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-104 NMSA 1978 as 45-5B-104 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-105 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-105 - Execution of power of attorney.

A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments. History: Laws 2007, ch. 135, § 105; 1978 Comp., § 46B-1-105 recompiled as § 45-5B-105 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-105 NMSA 1978 as 45-5B-105 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-106 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-106 - Validity of power of attorney.

A. A power of attorney executed in this state on or after July 1, 2007 is valid if its execution complies with Section 105 [45-5B-105 NMSA 1978] of the Uniform Power of Attorney Act. B. A power of attorney executed in this state before July 1, 2007 is valid if its execution complied with the law of this state as it existed at the time of execution. C. A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with: (1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section 107 [45-5B-107 NMSA 1978] of the Uniform Power of Attorney Act; or (2) the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as amended. D. Except as otherwise provided by statute other than the Uniform Power of Attorney Act, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. History: Laws 2007, ch. 135, § 106; 1978 Comp., § 46B-1-106 recompiled as § 45-5B-106 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-106 NMSA 1978 as 45-5B-106 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-107 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-107 - Meaning and effect of power of attorney.

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. History: Laws 2007, ch. 135, § 107; 1978 Comp., § 46B-1-107 recompiled as § 45-5B-107 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-107 NMSA 1978 as 45-5B-107 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-108 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-108 - Nomination of conservator or guardian; relation of agent to court-appointed fiduciary.

A. In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination. B. If, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended or terminated by the court after notice to, and an opportunity to be heard by, the agent and the principal. History: Laws 2007, ch. 135, § 108; 1978 Comp., § 46B-1-108 recompiled as § 45-5B-108 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-108 NMSA 1978 as 45-5B-108 NMSA 1978, effective January 1, 2012. Cross references. — For the Uniform Health Care Decisions Act, see Chapter 24, Article 7A NMSA 1978.
NM Stat § 45-5B-109 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-109 - When power of attorney effective.

A. A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. B. If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred. C. If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by: (1) a physician or licensed psychologist that the principal is incapacitated within the meaning of Paragraph (1) of Subsection E of Section 102 [45-5B-102 NMSA 1978] of the Uniform Power of Attorney Act; or (2) an attorney at law, a judge or an appropriate governmental official that the principal is incapacitated within the meaning of Paragraph (2) of Subsection E of Section 102 of the Uniform Power of Attorney Act. D. A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the federal Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as amended, and applicable regulations to obtain access to the principal's health care information and communicate with the principal's health care provider. History: Laws 2007, ch. 135, § 109; 1978 Comp., § 46B-1-109 recompiled as § 45-5B-109 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-109 NMSA 1978 as 45-5B-109 NMSA 1978, effective January 1, 2012. Cross references. — For the federal Health Insurance Portability and Accountability Act of 1996, see 42 U.S.C. 300gg.
NM Stat § 45-5B-110 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-110 - Termination of power of attorney or agent's authority.

A. A power of attorney terminates when: (1) the principal dies; (2) the principal becomes incapacitated, if the power of attorney is not durable; (3) the principal revokes the power of attorney; (4) the power of attorney provides that it terminates; (5) the purpose of the power of attorney is accomplished; or (6) the principal revokes the agent's authority or the agent dies, becomes incapacitated or resigns and the power of attorney does not provide for another agent to act under the power of attorney. B. An agent's authority terminates when: (1) the principal revokes the authority; (2) the agent dies, becomes incapacitated or resigns; (3) an action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or (4) the power of attorney terminates. C. Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under Subsection B of this section, notwithstanding a lapse of time since the execution of the power of attorney. D. Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. E. Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. F. The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked. History: Laws 2007, ch. 135, § 110; 1978 Comp., § 46B-1-110 recompiled as § 45-5B-110 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-110 NMSA 1978 as 45-5B-110 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-111 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-111 - Co-agents and successor agents.

A. A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently. B. A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office or function. Unless the power of attorney otherwise provides, a successor agent: (1) has the same authority as that granted to the original agent; and (2) may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve or have declined to serve. C. Except as otherwise provided in the power of attorney and Subsection D of this section, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent. D. An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action. History: Laws 2007, ch. 135, § 111; 1978 Comp., § 46B-1-111 recompiled as § 45-5B-111 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-111 NMSA 1978 as 45-5B-111 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-112 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-112 - Reimbursement and compensation of agent.

Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances. History: Laws 2007, ch. 135, § 112; 1978 Comp., § 46B-1-112 recompiled as § 45-5B-112 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-112 NMSA 1978 as 45-5B-112 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-113 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-113 - Agent's acceptance.

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. History: Laws 2007, ch. 135, § 113; 1978 Comp., § 46B-1-113 recompiled as § 45-5B-113 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-113 NMSA 1978 as 45-5B-113 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5B-115 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5B - Uniform Power of Attorney|Part 1|Section 45-5B-115 - Exoneration of agent.

A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision: A. relieves the agent of liability for breach of duty committed dishonestly, with an improper motive or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or B. was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal. History: Laws 2007, ch. 135, § 115; 1978 Comp., § 46B-1-115 recompiled as § 45-5B-115 by Laws 2011, ch. 124, § 102. ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-115 NMSA 1978 as 45-5B-115 NMSA 1978, effective January 1, 2012.