reglab/housing_qa huggingface dataset:
NM Stat § 45-5-210 (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 45-5-210 - Termination of appointment of guardian; general.

A guardian's authority and responsibility terminate upon the death, resignation or removal of the guardian or upon the minor's death, adoption, emancipation, marriage or attainment of majority, but termination does not affect the guardian's liability for prior acts nor the guardian's obligation to account for money and property of the protected person. Resignation of a guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. History: 1953 Comp., § 32A-5-210, enacted by Laws 1975, ch. 257, § 5-210; 2009, ch. 159, § 30; 2011, ch. 124, § 56. ANNOTATIONSCompiler's notes. — This section includes within its scope the functions of former 32-1-42, 1953 Comp. Cross references. — For age of majority, see 12-2A-3 and 28-6-1 NMSA 1978. The 2011 amendment, effective January 1, 2012, provides that a guardian's authority and responsibility terminate upon the emancipation of a minor. The 2009 amendment, effective June 19, 2009, deleted "his ward" and added "the protected person". Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 C.J.S. Guardian and Ward §§ 36 to 40, 48.
NM Stat § 45-5-211 (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 45-5-211 - Proceedings subsequent to appointment; venue.

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. If the court located where the protected person resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in New Mexico or another state, and, after consultation with that court, determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interests of the protected person. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed. History: 1953 Comp., § 32A-5-211, enacted by Laws 1975, ch. 257, § 5-211; 2009, ch. 159, § 31. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, deleted "ward" and added "protected person". Jurisdiction to grant temporary custody. — The New Mexico court which appointed the guardian had concurrent jurisdiction with the Texas court, where the child resided, to grant temporary custody to the father pursuant to 45-2-211 NMSA 1978. In re Hooker, 1980-NMSC-109, 94 N.M. 798, 617 P.2d 1313.. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 C.J.S. Guardian and Ward § 176.
NM Stat § 45-5-301.1 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 3 - GUARDIANS OF INCAPACITATED PERSONS|Section 45-5-301.1 - When guardianship is to be used.

Guardianship for an incapacitated person shall be used only as is necessary to promote and to protect the well being of the person, shall be designed to encourage the development of maximum self reliance and independence of the person and shall be ordered only to the extent necessitated by the person's actual functional mental and physical limitations. An incapacitated person for whom a guardian has been appointed retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted to the guardian by the court. History: 1978 Comp., § 45-5-301.1, enacted by Laws 1989, ch. 252, § 4.
NM Stat § 45-5-301.2 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 3 - GUARDIANS OF INCAPACITATED PERSONS|Section 45-5-301.2 - Repealed.

History: Laws 1993, ch. 301, § 24; repealed by Laws 2011, ch. 124, § 97. ANNOTATIONSRepeals. — Laws 2011, ch. 124, § 97 repealed 45-5-301.2 NMSA 1978, as enacted by Laws 1993, ch. 301, § 24, relating to foreign guardians, effective January 1, 2012. For provisions of former section, see the 2010 NMSA 1978 on NMOneSource.com.
NM Stat § 45-5-302 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 3 - GUARDIANS OF INCAPACITATED PERSONS|Section 45-5-302 - Venue.

Venue for guardianship proceedings for an alleged incapacitated person is in the judicial district where the alleged incapacitated person resides or is present. If the alleged incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the judicial district in which that court sits. History: 1953 Comp., § 32A-5-302, enacted by Laws 1975, ch. 257, § 5-302; 1993, ch. 301, § 2. ANNOTATIONSThe 1993 amendment, effective July 1, 1993, inserted "alleged" in three places and made a minor stylistic change. Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical dependents § 4; 49 C.J.S. Insane Persons § 12.
NM Stat § 45-5-303.1 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 3 - GUARDIANS OF INCAPACITATED PERSONS|Section 45-5-303.1 - Duties of guardian ad litem.

A. The guardian ad litem shall:(1) interview in person the alleged incapacitated person prior to the hearing;(2) present the alleged incapacitated person's declared position to the court;(3) identify and present all available less restrictive alternatives to guardianship;(4) interview the qualified health care professional, the visitor and the proposed guardian;(5) review both the medical report submitted by the qualified health care professional and the report by the visitor;(6) obtain independent medical or psychological assessments, or both, if necessary; and(7) file a written report with the court prior to the hearing on the petition for appointment.B. Unless otherwise ordered by the court, the duties of the guardian ad litem terminate and the guardian ad litem is discharged from duties upon entry of the order appointing the guardian and acceptance of the appointment by the guardian. History: 1978 Comp., § 45-5-303.1, enacted by Laws 1989, ch. 252, § 6; 1993, ch. 301, § 4; 2019, ch. 228, § 3; 2021, ch. 128, § 6. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, required guardians ad litem to identify and present all available less restrictive alternatives to guardianship; in Subsection A, added a new Paragraph A(3) and redesignated the succeeding paragraphs accordingly.The 2019 amendment, effective July 1, 2019, required a guardian ad litem to file a written report with the court prior to a hearing on a petition for appointment; in Subsection A, added new Paragraph A(6).The 1993 amendment, effective July 1, 1993, designated Subsection A; in Subsection A, deleted "appointed by the court pursuant to Subsection C of Section 45-5-303 NMSA 1978" following "litem" in the introductory paragraph, redesignated former Subsections A to E as Paragraphs (1) to (5), inserted "in person" in Paragraph (1), and substituted "report" for "affidavit" in Paragraph (4); added Subsection B; and made a minor stylistic change.
NM Stat § 45-5-304 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 3 - GUARDIANS OF INCAPACITATED PERSONS|Section 45-5-304 - Findings; order of appointment.

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 incapacitated person's capacity to care for the alleged incapacitated person's own self. B. If it is determined that the alleged incapacitated person possesses the capacity to care for the alleged incapacitated person's own self, the court shall dismiss the petition. C. Alternatively, the court may appoint a full guardian as requested in the petition or a limited guardian and confer specific powers of guardianship after finding in the record based on clear and convincing evidence that: (1) the person for whom a guardian is sought is totally incapacitated or is incapacitated only in specific areas as alleged in the petition; (2) the guardianship is necessary as a means of providing continuing care, supervision and rehabilitation of the incapacitated person; (3) there are no available alternative resources that are suitable with respect to the alleged incapacitated person's welfare, safety and rehabilitation; (4) the guardianship is appropriate as the least restrictive form of intervention consistent with the preservation of the civil rights and liberties of the alleged incapacitated person; and (5) the proposed guardian is both qualified and suitable, has reviewed the proposed order of appointment and is willing to serve. D. The court may enter any other appropriate order consistent with the findings of this section. E. A copy of the order appointing the guardian shall be furnished to the proposed guardian, the incapacitated person and the incapacitated person's counsel. F. The order shall contain the name and address of the guardian as well as notice of the incapacitated person's right to appeal the guardianship appointment and of the right to seek alteration or termination of the guardianship at any time. History: 1953 Comp., § 5-304, enacted by Laws 1975, ch. 257, § 5-304; repealed and reenacted by Laws 1989, ch. 252, § 7; 1993, ch. 301, § 5; 2009, ch. 159, § 34. ANNOTATIONSRepeals and reenactments. — Laws 1989, ch. 252, § 7 repealed former 45-3-304 NMSA 1978, as enacted by Laws 1975, ch. 257, § 5-304, relating to findings and order of appointment, and enacted a new section, effective June 16, 1989. The 2009 amendment, effective June 19, 2009, in Paragraph (5) of Subsection C, added "has reviewed the proposed order of appointment" and in Subsection E, added "proposed guardian,". The 1993 amendment, effective July 1, 1993, deleted "dismiss the proceedings or" following "court may" in Subsection D and made a minor stylistic change. Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 49 C.J.S. Insane Persons § 40.
NM Stat § 45-5-305 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 3 - GUARDIANS OF INCAPACITATED PERSONS|Section 45-5-305 - Acceptance of appointment; consent to jurisdiction.

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 or mailed to him at his address as listed in the court records and to his address as then known to the petitioner. History: 1953 Comp., § 32A-5-305, enacted by Laws 1975, ch. 257, § 5-305. ANNOTATIONSGuardians of minors. — While 45-5-305 NMSA 1978 deals specifically with guardians of incapacitated persons, it applies equally to guardians of wards who are legally incapacitated by their minority, to confer personal jurisdiction over a guardian. In re Hooker, 1980-NMSC-109, 94 N.M. 798, 617 P.2d 1313. Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 49 C.J.S. Insane Persons § 41.
NM Stat § 45-5-306 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 3 - GUARDIANS OF INCAPACITATED PERSONS|Section 45-5-306 - Death of protected person or guardian; incapacity of 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 death of the protected person, the guardian shall submit notice to the appointing court. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect the guardian's liability for prior acts nor the guardian's obligation to account for funds and assets of the guardian's protected person. History: 1953 Comp., § 32A-5-306, enacted by Laws 1975, ch. 257, § 5-306; 2009, ch. 159, § 35. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, deleted "ward" and added "protected person"; and added the second sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 49 C.J.S. Insane Persons § 45.
NM Stat § 45-5-308 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 3 - GUARDIANS OF INCAPACITATED PERSONS|Section 45-5-308 - Letters of guardianship.

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 powers of the guardian. History: 1978 Comp., § 45-5-308, enacted by Laws 1989, ch. 252, § 9.
NM Stat § 45-5-313 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 3 - GUARDIANS OF INCAPACITATED PERSONS|Section 45-5-313 - Proceedings subsequent to appointment; venue.

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. Subject to the transfer provisions of the Uniform Adult Guardianship and Protective Proceedings Jurisdication [Jurisdiction] Act, if the court located where the protected person resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interests of the protected person. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed. History: 1953 Comp., § 32A-5-313, enacted by Laws 1975, ch. 257, § 5-313; 2009, ch. 159, § 40; 2011, ch. 124, § 57. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler to correct a typographical error, and is not part of the law. The 2011 amendment, effective January 1, 2012, made the transfer of jurisdiction subject to the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. The 2009 amendment, effective June 19, 2009, deleted "ward" and added "protected person". 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. 14 C.J.S. Chemical Dependents § 4; 49 C.J.S. Insane Persons § 137.
NM Stat § 45-5-315 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 5 - Protection of Persons Under Disability and Their Property|Part 3 - GUARDIANS OF INCAPACITATED PERSONS|Section 45-5-315 - Consent to guardianship not permitted.

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 guardianship proceeding. History: 1978 Comp., § 45-5-317, enacted by Laws 1989, ch. 252, § 15. ANNOTATIONSCompiler's notes. — This section was enacted as 45-5-317 NMSA 1978 by Laws 1989, ch. 252, § 14, but was redesignated by the compiler as 45-5-315 NMSA 1978.
NM Stat § 45-5-403 (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 45-5-403 - Venue.

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 protected is admitted to an institution pursuant to the order of a court of competent jurisdiction, venue is also in the judicial district in which that court sits. History: 1953 Comp., § 32A-5-403, enacted by Laws 1975, ch. 257, § 5-403; 1993, ch. 301, § 13. ANNOTATIONSThe 1993 amendment, effective July 1, 1993, inserted "conservatorship" and deleted "under Sections 5-401 through 5-432" in the introductory paragraph; rewrote Subsection A; and added the second sentence in Subsection B. Venue restrictions apply to proceedings involving institution and conduct of conservatorship. Santa Fe Nat'l Bank v. Galt, 1979-NMCA-148, 94 N.M. 111, 607 P.2d 649, cert. denied, 94 N.M. 628, 614 P.2d 545. There is no conflict between this section and 38-3-1 NMSA 1978 in connection with a damage suit filed by a conservator. Santa Fe Nat'l Bank v. Galt, 1979-NMCA-148, 94 N.M. 111, 607 P.2d 649 (Ct. App.), cert. denied, 94 N.M. 628, 614 P.2d 545. 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 § 20; 49 C.J.S. Insane Persons § 12.
NM Stat § 45-5-404.1 (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 45-5-404.1 - Duties of guardian ad litem.

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 person who may have relevant information concerning the person to be protected;(4) review both the medical report submitted by the qualified health care professional and the report by the visitor;(5) obtain independent medical or psychological assessments, or both, if necessary; and(6) file a written report with the court prior to the hearing on the petition for appointment.B. Unless otherwise ordered by the court, the duties of the guardian ad litem terminate and the guardian ad litem is discharged from the guardian ad litem's duties upon entry of the order appointing the conservator and acceptance of the appointment by the conservator. History: 1978 Comp., § 45-5-404.1, enacted by Laws 1989, ch. 252, § 18; 1993, ch. 301, § 14; 2019, ch. 228, § 8. ANNOTATIONSThe 2019 amendment, effective July 1, 2019, required a guardian ad litem to file a written report with the court prior to a hearing on a petition for appointment; and added Paragraph A(6).The 1993 amendment, effective July 1, 1993, designated and rewrote Subsection A and added Subsection B.
NM Stat § 45-5-406 (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 45-5-406 - Guardianship and protective proceedings; request for 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 of the court in which the proceeding is pending. The clerk shall mail a copy of the request to the petitioner and to the guardian or conservator if one has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and the address of that person or an attorney to whom notice is to be given. The request is effective only as to matters occurring after the filing. B. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in a protective proceeding. C. In addition to the notices required by Section 45-5-207 or 45-5-309 NMSA 1978, notice of a petition for guardianship and of any subsequent proceedings or requests for orders shall be given to each interested person who has filed a request for notice pursuant to the provisions of Subsection A of this section. Except as otherwise required by law, notice shall be given in accordance with Section 45-1-401 NMSA 1978. History: 1953 Comp., § 32A-5-406, enacted by Laws 1975, ch. 257, § 5-406; 1993, ch. 301, § 16; 1995, ch. 210, § 57. ANNOTATIONSThe 1995 amendment, effective July 1, 1995, added "Guardianship and" to the beginning in the section heading; rewrote Subsection A to such an extent that a detailed comparison would be impracticable; in Subsection B deleted "An interested person in protective proceedings includes" at the beginning and added "is an interested person in a protective proceeding" at the end; and added Subsection C. The 1993 amendment, effective July 1, 1993, inserted "petitioner or the" in the second sentence in Subsection A and rewrote Subsection B which read "Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings." 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 § 22; 49 C.J.S. Insane Persons § 40.