reglab/housing_qa huggingface dataset:
NM Stat § 45-5-107 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 1 - GENERAL PROVISIONS|Section 45-5-107 - Separate accounts and records.

A. A guardian or conservator shall not commingle the guardian's or conservator's funds or investments with those held by the guardian or conservator as a fiduciary for a minor or an adult. Funds and any investments held by the guardian or conservator as a fiduciary for the minor or the adult shall be held in accounts that are separate from those of the guardian or conservator. If a guardian or conservator serves as fiduciary for one or more individuals subject to guardianship or conservatorship, the guardian or conservator shall hold the funds and any investments held as a fiduciary in a separate account for each individual subject to guardianship or conservatorship. Except as otherwise provided in the Uniform Probate Code, and to the extent that is reasonable and customary, any other property held by the guardian or conservator as a fiduciary for one or more individuals subject to guardianship or conservatorship shall be titled separately: (1) from the guardian's or conservator's property; and (2) for each individual subject to guardianship or conservatorship. B. A court at any time may require a guardian to bring a proceeding for a conservatorship if necessary or advisable to: (1) protect property of a minor or an adult, including any property held by the guardian as a fiduciary for the minor or the adult; (2) conserve for the minor's future needs all funds of the minor not expended for the minor's current needs; or (3) conserve for the adult's future needs all funds of the adult not expended for the adult's current needs. C. The guardian or conservator shall maintain those books and records that are in the possession, custody or control of the guardian or conservator and that concern the funds, investments or other property held by the guardian or conservator as a fiduciary for an individual for seven years, or for such other period as may be provided by the court. History: 1978 Comp., § 45-5-107, enacted by Laws 2018, ch. 10, § 1. ANNOTATIONSEffective dates. — Laws 2018, ch. 10, § 17 made Laws 2018, ch. 10, § 1 effective July 1, 2018. Applicability. — Laws 2018, ch. 10, § 16 provided that the provisions of Laws 2018, ch. 10, §§ 1 through 14 apply to: A. a proceeding for appointment of a guardian or conservator or for a protective arrangement instead of guardianship or conservatorship commenced on or after July 1, 2018; and B. a guardianship, conservatorship or protective arrangement instead of guardianship or conservatorship in existence on June 30, 2018 unless the court finds application of a particular provision of this act would substantially interfere with the effective conduct of the proceeding or prejudice the rights of a party, in which case the particular provision of this act does not apply and the superseded law applies.
NM Stat § 45-5-108 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 1 - GENERAL PROVISIONS|Section 45-5-108 - Liability of guardian or conservator for act of individual subject to guardianship or conservatorship.

A guardian or conservator is not personally liable to another person solely because of the guardianship or conservatorship for an act or omission of the individual subject to guardianship or conservatorship. History: 1978 Comp., § 45-5-108, enacted by Laws 2018, ch. 10, § 2. ANNOTATIONSEffective dates. — Laws 2018, ch. 10, § 17 made Laws 2018, ch. 10, § 2 effective July 1, 2018. Applicability. — Laws 2018, ch. 10, § 16 provided that the provisions of Laws 2018, ch. 10, §§ 1 through 14 apply to: A. a proceeding for appointment of a guardian or conservator or for a protective arrangement instead of guardianship or conservatorship commenced on or after July 1, 2018; and B. a guardianship, conservatorship or protective arrangement instead of guardianship or conservatorship in existence on June 30, 2018 unless the court finds application of a particular provision of this act would substantially interfere with the effective conduct of the proceeding or prejudice the rights of a party, in which case the particular provision of this act does not apply and the superseded law applies.
NM Stat § 45-5-109 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 1 - GENERAL PROVISIONS|Section 45-5-109 - Voting rights.

The voting rights of a protected person shall not be abridged or restricted except pursuant to Article 7, Section 1 of the constitution of New Mexico. History: 1978 Comp., § 45-5-109, enacted by Laws 2018, ch. 10, § 3. ANNOTATIONSEffective dates. — Laws 2018, ch. 10, § 17 made Laws 2018, ch. 10, § 3 effective July 1, 2018. Applicability. — Laws 2018, ch. 10, § 16 provided that the provisions of Laws 2018, ch. 10, §§ 1 through 14 apply to: A. a proceeding for appointment of a guardian or conservator or for a protective arrangement instead of guardianship or conservatorship commenced on or after July 1, 2018; and B. a guardianship, conservatorship or protective arrangement instead of guardianship or conservatorship in existence on June 30, 2018 unless the court finds application of a particular provision of this act would substantially interfere with the effective conduct of the proceeding or prejudice the rights of a party, in which case the particular provision of this act does not apply and the superseded law applies.
NM Stat § 45-5-110 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 1 - GENERAL PROVISIONS|Section 45-5-110 - Grievance against guardian or conservator.

A. A protected person, or any interested person regardless of previous standing, who believes a guardian, conservator or representative payee is breaching the guardian, conservator or representative payee's fiduciary duty or otherwise acing in a manner inconsistent with the Uniform Probate Code or orders of appointment, may file a grievance with the court.B. Subject to Subsection C of this section, after receiving a grievance filed pursuant to Subsection A of this section, the court:(1) shall review the grievance and, if necessary to determine the appropriate response, court records related to the guardianship or conservatorship;(2) shall schedule a hearing if the grievance supports a reasonable belief that:(a) removal of the guardian or conservator and appointment of a successor may be appropriate;(b) termination or modification of the guardianship or conservatorship may be appropriate; and(c) transfer of accounts to a successor representative payee may be appropriate; and(3) may take any action supported by the evidence, including:(a) ordering the guardian or conservator to provide the court with a report, accounting, inventory or other specified information;(b) appointing a guardian ad litem; and(c) holding a hearing.C. The court may decline to take the actions provided for in Subsection B of this section if a similar grievance had been filed within six months preceding the filing of the current grievance and the court took the actions provided for in that subsection in considering the earlier grievance.D. As used in this section, "representative payee" means a person appointed by the federal social security administration to receive and manage the supplemental security income or social security disability income for individuals who cannot fully manage their own income. History: Laws 2019, ch. 228, § 14. ANNOTATIONSEffective dates. — Laws 2019, ch. 228, § 16 made Laws 2019, ch. 228 effective July 1, 2019.
NM Stat § 45-5-111 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 1 - GENERAL PROVISIONS|Section 45-5-111 - Court visitor pilot program.

A. The supreme court shall designate three judicial districts to participate in a court visitor pilot program. The administrative office of the courts shall randomly select cases from each judicial district designated to participate in the pilot program, and in each selected case, the court shall appoint a volunteer court visitor post-adjudication, who shall be provided by the office of guardianship.B. The visitor shall review any reports filed by the guardian, visit the protected person where the person resides, fulfill all responsibilities outlined in the volunteer court visitor agreement executed with the office of guardianship and submit a written report to the court. The report to the court shall include:(1) any changes to the information provided in the guardian's last report;(2) any changes in the protected person's needs since the filing of the guardian's last report;(3) whether any grievances, as defined in Section 45-5-110 NMSA 1978, have been made, and resolutions of the grievances, if any;(4) whether the guardian adequately meets the protected person's needs, including the protected person's living arrangements, medical and health care needs, and, if not, the reasons why the needs are not adequately met;(5) a recommendation regarding the appropriateness of the guardianship, including whether the guardianship should be limited, increased or terminated; and(6) any other information the court deems appropriate.C. The court visitor pilot program shall be implemented no later than July 1, 2022.History: Laws 2021, ch. 128, § 13. ANNOTATIONSEffective dates. — Laws 2021, ch. 128, § 14 made Laws 2021, ch. 128, § 13 effective July 1, 2021.
NM Stat § 45-5-201 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 2 - GUARDIAN OF MINORS|Section 45-5-201 - Appointment and status of guardian of minor; general.

A person becomes a guardian of a minor by parental appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian or minor protected person. History: 1953 Comp., § 32A-5-201, enacted by Laws 1975, ch. 257, § 5-201; 1995, ch. 210, § 50; 2009, ch. 159, § 28. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, deleted "ward" and added "protected person". The 1995 amendment, effective July 1, 1995, added "Appointment and" in the section heading; substituted "parental appointment" for "acceptance of a testamentary appointment" in the first sentence; and substituted "or" for "and" preceding "minor" in the second sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — Minority of parent as affecting right to guardianship or custody of person or estate of child, 19 A.L.R. 1043. Guardian de facto or de son tort of minor, 25 A.L.R.2d 752. 39 C.J.S. Guardian and Ward §§ 15, 35.
NM Stat § 45-5-202 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 2 - GUARDIAN OF MINORS|Section 45-5-202 - Parental appointment of guardian of minor.

A. The parent of an unmarried minor may appoint a guardian for the minor by will, or other writing signed by the parent and attested by at least two witnesses. B. Subject to the right of the minor under Section 45-5-203 NMSA 1978, if both parents are dead or incapacitated or the surviving parent has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes effective when the guardian's acceptance is filed in the court in which a nominating instrument is probated, or, in the case of a non-testamentary nominating instrument, in the court at the place where the minor resides or is present. If both parents are dead, an effective appointment by the parent who died later has priority. C. A parental appointment effected by filing the guardian's acceptance under a will probated in the state of the testator's domicile is effective in this state. D. Upon acceptance of appointment, the guardian shall give written notice of acceptance to the minor and to the person having the minor's care or the minor's nearest adult relative. If the minor is fourteen years of age or older, the notice shall state that the appointment may be terminated by filing a written objection in the court, as provided in Section 45-5-203 NMSA 1978. History: 1953 Comp., § 32A-5-202, enacted by Laws 1975, ch. 257, § 5-202; repealed and reenacted by Laws 1995, ch. 210, § 51. ANNOTATIONSRepeals and reenactments. — Laws 1995, ch. 210, § 51 repealed 45-5-202 NMSA 1978, as enacted by Laws 1975, ch. 257, § 5-202, relating to testamentary appointment of guardian of minor, and enacted a new section, effective July 1, 1995. Compiler's notes. — This section is similar to former 32-1-5, 1953 Comp. Am. Jur. 2d, A.L.R. and C.J.S. references. — Power of parent to appoint testamentary guardian for adult imbecile child, 24 A.L.R. 1458. Domicile of infant on death of both parents; doctrine of natural guardianship, 32 A.L.R.2d 863. 39 C.J.S. Guardian and Ward § 15.
NM Stat § 45-5-203 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 2 - GUARDIAN OF MINORS|Section 45-5-203 - Objection by minor of fourteen or older to parental appointment.

A minor of fourteen or more years who is the subject of a parental appointment of a guardian may prevent the appointment or may cause it to terminate by filing in the court in which the will is probated or, in the case of a non-testamentary instrument, in the court where the minor resides or is present, a written objection to the appointment before it is accepted or after its acceptance. An objection may be withdrawn. An objection does not prevent appointment by the court in a proper proceeding of the parental nominee or any other suitable person. History: 1953 Comp., § 32A-5-203, enacted by Laws 1975, ch. 257, § 5-203; 1976 (S.S.), ch. 37, § 14; 1995, ch. 210, § 52. ANNOTATIONSCompiler's notes. — This section includes within its scope some of the functions of former 32-1-41, 1953 Comp. Cross references. — For age of majority, see 12-2A-3 and 28-6-1 NMSA 1978. The 1995 amendment, effective July 1, 1995, substituted "parental" for "testamentary" in the section heading and rewrote the section to such an extent that a detailed comparison would be impracticable. Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of infant to select his own guardian, 85 A.L.R.2d 921. 39 C.J.S. Guardian and Ward § 16.
NM Stat § 45-5-205 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 2 - GUARDIAN OF MINORS|Section 45-5-205 - Court appointment of guardian of minor; venue.

The venue for guardianship proceedings for a minor is in the judicial district where the minor resides or is present. History: 1953 Comp., § 32A-5-205, enacted by Laws 1975, ch. 257, § 5-205. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 39 C.J.S. Guardian and Ward § 20.
NM Stat § 45-5-205.1 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 2 - GUARDIAN OF MINORS|Section 45-5-205.1 - Recompiled.

ANNOTATIONSRecompilations. — Former 45-5-205.1 NMSA 1978, relating to foreign guardians, was recompiled as 45-5-301.2 NMSA 1978 in 1994. Laws 2011, ch. 124, § 97 repealed 45-5-301.2 NMSA 1978, effective January 1, 2012.
NM Stat § 45-5-206 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 2 - GUARDIAN OF MINORS|Section 45-5-206 - Court appointment of guardian of minor; qualifications; priority of minor's nominee.

The court may appoint as guardian any person whose appointment would be in the best interests of the minor. The court shall appoint a person nominated by the minor, if the minor is fourteen years of age or older, unless the court finds the appointment contrary to the best interests of the minor. History: 1953 Comp., § 32A-5-206, enacted by Laws 1975, ch. 257, § 5-206. ANNOTATIONSCompiler's notes. — This section is similar to former 32-1-41, 1953 Comp. Appointment of guardian selected by minor. — The court has a duty to appoint the person selected by the minor if he is competent and suitable, but it may disapprove of the selection if, in its judgment, the person so selected is not a proper choice. In re Guardianship of Howard, 1960-NMSC-023, 66 N.M. 445, 349 P.2d 547. Trial court has wide latitude in custody matters in the exercise of its discretion. In re Guardianship of Howard, 1960-NMSC-023, 66 N.M. 445, 349 P.2d 547. An order awarding custody is subject to modification upon a sufficient showing that circumstances and conditions affecting the welfare of the minor have changed. In re Guardianship of Howard, 1960-NMSC-023, 66 N.M. 445, 349 P.2d 547. Welfare of the minor is paramount consideration in custody cases. In re Guardianship of Howard, 1960-NMSC-023, 66 N.M. 445, 349 P.2d 547. Preference of minor in relation to incapacitated adults. — The provisions in the New Mexico Uniform Probate Code for appointment of a guardian for an incapacitated person provide some opportunity for choice or preference by the incapacitated person under 45-5-311 NMSA 1978. The same is true of the provisions for appointment of a conservator under 45-5-410 NMSA 1978. However, the provisions for choice or preference in those cases are not as liberal as the provision for appointment of a minor's guardian under this section. In re Pulver, 1994-NMCA-024, 117 N.M. 329, 871 P.2d 985. Am. Jur. 2d, A.L.R. and C.J.S. references. — Minority of parent as affecting right to guardianship of child, 19 A.L.R. 1043. Bastardizing child as affecting right to appointment as guardian, 37 A.L.R. 531. Contract in consideration of renunciation of one's status, or right to appointment, as guardian, executor, administrator, trustee or other fiduciary, as contrary to public policy, 121 A.L.R. 677. Validity of condition in will in restraint of marriage as applied to appointment of guardian, 122 A.L.R. 26. Religious affiliations, consideration and weight in appointment or removal of guardian for minor child, 22 A.L.R.2d 696. Right of infant to select own guardian, 85 A.L.R.2d 921. Right of putative father to custody of illegitimate child, 45 A.L.R.3d 216. Who is minor's next of kin for guardianship purposes, 63 A.L.R.3d 813. 39 C.J.S. Guardian and Ward §§ 16 to 18.
NM Stat § 45-5-207 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 2 - GUARDIAN OF MINORS|Section 45-5-207 - Court appointment of guardian of minor; notice; procedure.

A. Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor is to be given by the petitioner in the manner prescribed by Section 1-401 [45-1-401 NMSA 1978] to: (1) the minor, if he is fourteen or more years of age; (2) the person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition; and (3) any living parent of the minor. B. Upon hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of Section 5-204 [45-5-204 NMSA 1978] have been met and the best interests of the minor will be served by the requested appointment, it shall make the appointment. In other cases the court may dismiss the proceedings, or make any other disposition of the matter that will serve the best interests of the minor. C. If necessary, the court may appoint a temporary guardian, with the status of a permanent guardian of a minor, but the authority of a temporary guardian shall not last longer than six months. D. If, at any time in the proceeding, the court finds the minor is or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen years of age or older. History: 1953 Comp., § 32A-5-207, enacted by Laws 1975, ch. 257, § 5-207. ANNOTATIONSParticipation in visitation action does not waive rights in guardianship action. — Mother did not waive her right to notice of a permanent guardianship proceeding, despite her subsequent entry of appearance and participation in stipulations regarding visitation. Marlaine F.G. v. Fastle, 1998-NMCA-003, 124 N.M. 468, 952 P.2d 463. Notice to living parent. — Grandparents failed to give requisite notice of their petition for guardianship of their grandchild to the grandchild's living parent; it was undisputed that the document given to grandparents authorizing them to sign papers for medical reasons included the parent's address and telephone number, and that grandparents made no attempt to notify the grandchild's parent in any way, including publication. In re Guardianship of Sabrina Mae D., 1992-NMCA-050, 114 N.M. 133, 835 P.2d 849, cert. denied, Sabrina Mae D. v. Northcutt, 113 N.M. 744, 832 P.2d 1223. Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of appointment of guardian or curator for infant without service of process upon, or notice to, latter, 1 A.L.R. 919. Construction and application of statute prescribing that notice of petition or hearing for appointment of guardian be of such nature or be given to such persons as court deems reasonable or proper, 109 A.L.R. 338. Necessity and sufficiency of notice to infant or other incompetent of application for appointment of successor to guardian or committee, 138 A.L.R. 1364. 39 C.J.S. Guardian and Ward §§ 20, 23, 27, 28.
NM Stat § 45-5-208 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 2 - GUARDIAN OF MINORS|Section 45-5-208 - Consent to service by acceptance of appointment; notice.

By accepting a parental 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 a proceeding shall be delivered to the guardian or mailed to the guardian at the address listed in the court records and to the address then known to the petitioner. Letters of guardianship shall indicate whether the guardian was appointed by parental appointment or by court order. History: 1953 Comp., § 32A-5-208, enacted by Laws 1975, ch. 257, § 5-208; 2011, ch. 124, § 55. ANNOTATIONSThe 2011 amendment, effective January 1, 2012, eliminated the testamentary appointment of guardians and provided for parental appointment of guardians. Human services department as guardian. — Where the portions of a wrongful death payment due minors who were in custody of the human services department (HSD), were delivered to a representative of HSD who transmitted the order and the funds to Santa Fe, with a cover letter pointing out the need to deposit the funds in interest-bearing accounts until the minors reach the age of majority, HSD received notice sufficient to subject it to the jurisdiction of the court, and HSD's failure to contest either the court's jurisdiction or the terms of the trust, estopped HSD from now asserting the trial court's lack of jurisdiction to enforce its 1977 order. In re Estate of Guerra, 1981-NMCA-063, 96 N.M. 608, 633 P.2d 716. Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of provision for service of process against minor on a parent, guardian or other designated person, 92 A.L.R.2d 1336. 39 C.J.S. Guardian and Ward § 30.