reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 6 - UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT › Section 45-5-606 - Repealed.

History:
1978 Comp., § 45-5-606, enacted by Laws 1995, ch. 210, § 68; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-606 NMSA 1978, as enacted by Laws 1995, ch. 210, § 68, the Uniform Statutory Form Power of Attorney Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
. For current law,
see
the Uniform Power of Attorney Act, 45-5B-101 through 45-5B-403 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 6 - UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT › Section 45-5-607 - Repealed.

History:
1978 Comp., § 45-5-607, enacted by Laws 1995, ch. 210, § 69; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-607 NMSA 1978, as enacted by Laws 1995, ch. 210, § 69, the Uniform Statutory Form Power of Attorney Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
. For current law,
see
the Uniform Power of Attorney Act, 45-5B-101 through 45-5B-403 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 6 - UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT › Section 45-5-608 - Repealed.

History:
1978 Comp., § 45-5-608, enacted by Laws 1995, ch. 210, § 70; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-608 NMSA 1978, as enacted by Laws 1995, ch. 210, § 70, the Uniform Statutory Form Power of Attorney Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
. For current law,
see
the Uniform Power of Attorney Act, 45-5B-101 through 45-5B-403 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 6 - UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT › Section 45-5-609 - Repealed.

History:
1978 Comp., § 45-5-609, enacted by Laws 1995, ch. 210, § 71; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-609 NMSA 1978, as enacted by Laws 1995, ch. 210, § 71, the Uniform Statutory Form Power of Attorney Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
. For current law,
see
the Uniform Power of Attorney Act, 45-5B-101 through 45-5B-403 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 6 - UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT › Section 45-5-610 - Repealed.

History:
1978 Comp., § 45-5-610, enacted by Laws 1995, ch. 210, § 72; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-610 NMSA 1978, as enacted by Laws 1995, ch. 210, § 72, the Uniform Statutory Form Power of Attorney Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
. For current law,
see
the Uniform Power of Attorney Act, 45-5B-101 through 45-5B-403 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 6 - UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT › Section 45-5-611 - Repealed.

History:
1978 Comp., § 45-5-611, enacted by Laws 1995, ch. 210, § 73; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-611 NMSA 1978, as enacted by Laws 1995, ch. 210, § 73, the Uniform Statutory Form Power of Attorney Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
. For current law,
see
the Uniform Power of Attorney Act, 45-5B-101 through 45-5B-403 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 6 - UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT › Section 45-5-612 - Repealed.

History:
1978 Comp., § 45-5-612, enacted by Laws 1995, ch. 210, § 74; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-612 NMSA 1978, as enacted by Laws 1995, ch. 210, § 74, the Uniform Statutory Form Power of Attorney Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
. For current law,
see
the Uniform Power of Attorney Act, 45-5B-101 through 45-5B-403 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 6 - UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT › Section 45-5-613 - Repealed.

History:
1978 Comp., § 45-5-613, enacted by Laws 1995, ch. 210, § 75; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-613 NMSA 1978, as enacted by Laws 1995, ch. 210, § 75, the Uniform Statutory Form Power of Attorney Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
. For current law,
see
the Uniform Power of Attorney Act, 45-5B-101 through 45-5B-403 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 6 - UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT › Section 45-5-614 - Repealed.

History:
1978 Comp., § 45-5-614, enacted by Laws 1995, ch. 210, § 76; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-614 NMSA 1978, as enacted by Laws 1995, ch. 210, § 76, the Uniform Statutory Form Power of Attorney Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
. For current law,
see
the Uniform Power of Attorney Act, 45-5B-101 through 45-5B-403 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 6 - UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT › Section 45-5-615 - Repealed.

History:
1978 Comp., § 45-5-615, enacted by Laws 1995, ch. 210, § 77; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-615 NMSA 1978, as enacted by Laws 1995, ch. 210, § 77, the Uniform Statutory Form Power of Attorney Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
. For current law,
see
the Uniform Power of Attorney Act, 45-5B-101 through 45-5B-403 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 6 - UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT › Section 45-5-616 - Repealed.

History:
1978 Comp., § 45-5-616, enacted by Laws 1995, ch. 210, § 78; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-616 NMSA 1978, as enacted by Laws 1995, ch. 210, § 78, the Uniform Statutory Form Power of Attorney Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
. For current law,
see
the Uniform Power of Attorney Act, 45-5B-101 through 45-5B-403 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 6 - UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT › Section 45-5-617 - Repealed.

History:
1978 Comp., § 45-5-617, enacted by Laws 1995, ch. 210, § 79; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-617 NMSA 1978, as enacted by Laws 1995, ch. 210, § 79, the Uniform Statutory Form Power of Attorney Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
. For current law,
see
the Uniform Power of Attorney Act, 45-5B-101 through 45-5B-403 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 1 - GENERAL PROVISIONS › Section 45-5A-101 - Short title.

Chapter 45, Article 5A NMSA 1978 may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act".
History:
1978 Comp., § 45-5A-101, enacted by Laws 2011, ch. 124, § 62.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 105 made Laws 2011, ch. 124, § 62 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 1 - GENERAL PROVISIONS › Section 45-5A-102 - Definitions.

As used in the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act:
A. "adult" means an individual who has attained eighteen years of age;
B. "conservator" means a person appointed by the court to administer the property of an adult, as provided in Chapter 45, Article 5 NMSA 1978;
C. "court" means the district court;
D. "guardian" means a person appointed by the court to make decisions regarding the person of an adult, as provided in Chapter 45, Article 5 NMSA 1978;
E. "guardianship order" means an order appointing a guardian;
F. "guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued;
G. "incapacitated person" means an adult for whom a guardian has been appointed;
H. "party" means the respondent, petitioner, guardian, conservator or any other person allowed by the court to participate in a guardianship or protective proceeding;
I. "protected person" means an adult for whom a protective order has been issued;
J. "protective order" means an order appointing a conservator or other order related to management of an adult's property;
K. "protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued; and
L. "respondent" means an adult for whom a protective order or the appointment of a guardian is sought.
History:
1978 Comp., § 45-5A-102, enacted by Laws 2011, ch. 124, § 63.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 105 made Laws 2011, ch. 124, § 63 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 1 - GENERAL PROVISIONS › Section 45-5A-103 - International application of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

A New Mexico court may treat a foreign country as if it were a state for the purpose of applying Parts 1, 2, 3 and 5 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
History:
1978 Comp., § 45-5A-103, enacted by Laws 2011, ch. 124, § 64.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 105 made Laws 2011, ch. 124, § 64 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 1 - GENERAL PROVISIONS › Section 45-5A-104 - Communication between courts.

A. A New Mexico court may communicate with a court in another state concerning a proceeding arising pursuant to the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. The court may allow the parties to participate in the communication. Except as otherwise provided in Subsection B of this section and except as otherwise provided by rules adopted by the New Mexico supreme court, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
B. Except as otherwise provided by rules adopted by the New Mexico supreme court, courts may communicate concerning schedules, calendars, court records and other administrative matters without making a record.
History:
1978 Comp., § 45-5A-104, enacted by Laws 2011, ch. 124, § 65.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 105 made Laws 2011, ch. 124, § 65 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 1 - GENERAL PROVISIONS › Section 45-5A-105 - Cooperation between courts.

A. Except as otherwise provided by rules adopted by the New Mexico supreme court, in a guardianship or protective proceeding in New Mexico, a New Mexico court may request the appropriate court of another state to do any of the following:
(1) hold an evidentiary hearing;
(2) order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3) order that an evaluation or assessment be made of the respondent;
(4) order any appropriate investigation of a person involved in a proceeding;
(5) forward to the New Mexico court a certified copy of the transcript or other record of a hearing pursuant to Paragraph (1) of this subsection or any other proceeding, any evidence otherwise produced pursuant to Paragraph (2) of this subsection and any evaluation or assessment prepared in compliance with an order pursuant to Paragraph (3) or (4) of this subsection;
(6) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; and
(7) issue an order authorizing the release of medical, financial, criminal or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 164.504, as amended.
B. If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in Subsection A of this section, a New Mexico court has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
History:
1978 Comp., § 45-5A-105, enacted by Laws 2011, ch. 124, § 66.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 105 made Laws 2011, ch. 124, § 66 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 1 - GENERAL PROVISIONS › Section 45-5A-106 - Taking testimony in another state.

A. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in New Mexico for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which, and the terms upon which, the testimony is to be taken.
B. In a guardianship or protective proceeding, a New Mexico court may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A New Mexico court shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
C. Except as otherwise provided by rules adopted by the New Mexico supreme court, documentary evidence transmitted from another state to a New Mexico court by technological means that do not produce an original writing shall not be excluded from evidence on an objection based on the best evidence rule.
History:
1978 Comp., § 45-5A-106, enacted by Laws 2011, ch. 124, § 67.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 67 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 2 - JURISDICTION › Section 45-5A-201 - Definitions; significant-connection factors.

A. As used in Part 2 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act:
(1) "emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety or welfare and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;
(2) "home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition; and
(3) "significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
B. In determining pursuant to Section 45-5A-203 and Subsection E of Section 45-5A-301 NMSA 1978 whether a respondent has a significant connection with a particular state, the court shall consider:
(1) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(2) the length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) the location of the respondent's property; and
(4) the extent to which the respondent has ties to the state, such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship and receipt of services.
History:
1978 Comp., § 45-5A-201, enacted by Laws 2011, ch. 124, § 68.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 68 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 2 - JURISDICTION › Section 45-5A-202 - Exclusive basis.

Part 2 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act provides the exclusive jurisdictional basis for a New Mexico court to appoint a guardian or issue a protective order for an adult.
History:
1978 Comp., § 45-5A-202, enacted by Laws 2011, ch. 124, § 69.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 69 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 2 - JURISDICTION › Section 45-5A-203 - Jurisdiction.

A New Mexico court has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
A. New Mexico is the respondent's home state;
B. on the date the petition is filed, New Mexico is a significant-connection state and:
(1) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because New Mexico is a more appropriate forum; or
(2) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and, before the court makes the appointment or issues the order:
(a) a petition for an appointment or order is not filed in the respondent's home state;
(b) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(c) the court in New Mexico concludes that it is an appropriate forum pursuant to the factors set forth in Section 45-5A-206 NMSA 1978;
C. New Mexico does not have jurisdiction pursuant either to Subsection A or B of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because New Mexico is the more appropriate forum and jurisdiction in New Mexico is consistent with the constitutions of New Mexico and the United States; or
D. the requirements for special jurisdiction pursuant to Section 45-5A-204 NMSA 1978 are met.
History:
1978 Comp., § 45-5A-203, enacted by Laws 2011, ch. 124, § 70.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 70 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 2 - JURISDICTION › Section 45-5A-204 - Special jurisdiction.

A. A New Mexico court lacking jurisdiction pursuant to Section 45-5A-203 NMSA 1978 has special jurisdiction to do any of the following:
(1) appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in New Mexico;
(2) issue a protective order with respect to real or tangible personal property located in New Mexico; and
(3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued pursuant to procedures similar to Section 45-5A-301 NMSA 1978.
B. If a petition for the appointment of a guardian in an emergency is brought in New Mexico and New Mexico was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
History:
1978 Comp., § 45-5A-204, enacted by Laws 2011, ch. 124, § 71.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 71 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 2 - JURISDICTION › Section 45-5A-205 - Exclusive and continuing jurisdiction.

Except as otherwise provided in Section 45-5A-204 NMSA 1978, a court that has appointed a guardian or issued a protective order consistent with the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
History:
1978 Comp., § 45-5A-205, enacted by Laws 2011, ch. 124, § 72.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 72 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 2 - JURISDICTION › Section 45-5A-206 - Appropriate forum.

A. A New Mexico court having jurisdiction pursuant to Section 45-5A-203 NMSA 1978 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
B. If a New Mexico court declines to exercise its jurisdiction pursuant to Subsection A of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
C. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) any expressed preference of the respondent;
(2) whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation;
(3) the length of time the respondent was physically present in or was a legal resident of New Mexico or another state;
(4) the distance of the respondent from the court in each state;
(5) the financial circumstances of the respondent's estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and issues in the proceeding; and
(9) if an appointment of a guardian or conservator were to be made, the court's ability to monitor the conduct of the guardian or conservator.
History:
1978 Comp., § 45-5A-206, enacted by Laws 2011, ch. 124, § 73.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 73 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 2 - JURISDICTION › Section 45-5A-207 - Jurisdiction declined by reason of conduct.

A. If at any time a New Mexico court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to:
(a) ensure the health, safety and welfare of the respondent or the protection of the respondent's property; or
(b) prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) continue to exercise jurisdiction after considering:
(a) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;
(b) whether it is a more appropriate forum than the court of any other state pursuant to the factors set forth in Subsection C of Section 45-5A-206 NMSA 1978; and
(c) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Section 45-5A-203 NMSA 1978.
B. If a New Mexico court determines that it acquired jurisdiction to appoint a guardian or to issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses and travel expenses. The court shall not assess fees, costs or expenses of any kind against New Mexico or a governmental subdivision, agency or instrumentality of New Mexico unless authorized by law other than the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
History:
1978 Comp., § 45-5A-207, enacted by Laws 2011, ch. 124, § 74.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 74 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 2 - JURISDICTION › Section 45-5A-208 - Notice of proceeding.

If a petition for the appointment of a guardian or issuance of a protective order is brought in New Mexico and New Mexico was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of New Mexico, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice shall be given in the same manner as notice is required to be given in New Mexico.
History:
1978 Comp., § 45-5A-208, enacted by Laws 2011, ch. 124, § 75.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 75 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5A - Uniform Adult Guardianship and Protective Proceedings Jurisdiction › Part 2 - JURISDICTION › Section 45-5A-209 - Proceedings in more than one state.

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in New Mexico pursuant to Paragraph (1) or (2) of Subsection A of Section 45-5A-204 NMSA 1978, if a petition for the appointment of a guardian or issuance of a protective order is filed in New Mexico and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
A. if the New Mexico court has jurisdiction pursuant to Section 45-5A-203 NMSA 1978, it may proceed with the case unless a court in another state acquires jurisdiction pursuant to provisions similar to Section 45-5A-203 NMSA 1978 before the appointment of the guardian or issuance of the protective order; and
B. if the New Mexico court does not have jurisdiction pursuant to Section 45-5A-203 NMSA 1978, whether at the time the petition is filed or at any time before the appointment of the guardian or issuance of the protective order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the New Mexico court shall dismiss the petition unless the court in the other state determines that the New Mexico court is a more appropriate forum.
History:
1978 Comp., § 45-5A-209, enacted by Laws 2011, ch. 124, § 76.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 76 effective January 1, 2012.
2023 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-301 - Transfer of guardianship or conservatorship to another state.

A. A guardian or conservator appointed in New Mexico may petition the court to transfer the guardianship or conservatorship to another state.
B. Notice of a petition pursuant to Subsection A of this section shall be given to the persons that would be entitled to notice of a petition in New Mexico for the appointment of a guardian or conservator.
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 petition, 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 to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(3) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
E. The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1) the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors set forth in Subsection B of Section 45-5A-201 NMSA 1978;
(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3) adequate arrangements will be made for management of the protected person's property.
F. The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred that is issued pursuant to provisions similar to those set forth in Section 45-5A-302 NMSA 1978; and
(2) the documents required to terminate a guardianship or conservatorship in New Mexico.
History:
1978 Comp., § 45-5A-301, enacted by Laws 2011, ch. 124, § 77.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 77 effective January 1, 2012.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 78 effective January 1, 2012.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 79 effective January 1, 2012.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 80 effective January 1, 2012.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 81 effective January 1, 2012.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 82 effective January 1, 2012.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 83 effective January 1, 2012.
2023 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.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-101 NMSA 1978 as 45-5B-101 NMSA 1978, effective January 1, 2012.
2023 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.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-103 NMSA 1978 as 45-5B-103 NMSA 1978, effective January 1, 2012.
2023 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.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-104 NMSA 1978 as 45-5B-104 NMSA 1978, effective January 1, 2012.
2023 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.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-105 NMSA 1978 as 45-5B-105 NMSA 1978, effective January 1, 2012.
2023 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.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-106 NMSA 1978 as 45-5B-106 NMSA 1978, effective January 1, 2012.
2023 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.
ANNOTATIONS
Recompilations.
— Laws 2011, ch. 124, § 102 recompiled former 46B-1-107 NMSA 1978 as 45-5B-107 NMSA 1978, effective January 1, 2012.
2023 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.
ANNOTATIONS
Recompilations.
— 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.