reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 4 - Foreign Personal Representatives; Ancillary Administration › Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES › Section 45-4-202 - Payment or delivery discharges.

Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property of his obligation to the same extent as if payment or delivery had been made to a local personal representative.
History:
1953 Comp., § 32A-4-202, enacted by Laws 1975, ch. 257, § 4-202.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators § 998.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 4 - Foreign Personal Representatives; Ancillary Administration › Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES › Section 45-4-203 - Resident creditor notice.

Payment or delivery under Section 4-201 [45-4-201 NMSA 1978] may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
History:
1953 Comp., § 32A-4-203, enacted by Laws 1975, ch. 257, § 4-203.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
33 C.J.S. Executors and Administrators § 11; 34 C.J.S. Executors and Administrators §§ 598, 1056.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 4 - Foreign Personal Representatives; Ancillary Administration › Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES › Section 45-4-204 - Proof of authority; bond.

If no local administration or application or petition therefor is pending in New Mexico, a domiciliary foreign personal representative may file with the court of a county in which property belonging to the decedent is located authenticated copies of his appointment and of any official bond he has given and a statement of the domiciliary foreign personal representative's address.
History:
1953 Comp., § 32A-4-204, enacted by Laws 1975, ch. 257, § 4-204; 1983, ch. 194, § 11.
ANNOTATIONS
Compiler's notes.
— This section is similar to former 31-2-4, 1953 Comp.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators § 998.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 4 - Foreign Personal Representatives; Ancillary Administration › Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES › Section 45-4-205 - Powers.

A domiciliary foreign personal representative who has complied with Section 4-204 [45-4-204 NMSA 1978] may exercise as to assets in New Mexico all powers of a local personal representative and may maintain actions and proceedings in New Mexico subject to any conditions imposed upon nonresident parties generally.
History:
1953 Comp., § 32A-4-205, enacted by Laws 1975, ch. 257, § 4-205.
ANNOTATIONS
Compiler's notes.
— This section includes within its scope some of the functions of former 31-2-5 and 31-2-8, 1953 Comp.
Jurisdiction where multiple nonresident representatives.
— An action by a Colorado domiciliary executor against a New Mexico ancillary administrator to enforce an accounting was properly dismissed by a federal court because the New Mexico court had exclusive jurisdiction under former 16-4-10, 1953 Comp., of the estate in New Mexico and was the proper forum in which to bring the administrator to account for any money due the estate.
Patterson v. Wynkoop
, 329 F.2d 59 (10th Cir. 1964) (decided under former law).
Discretion not abused in refusing to transmit distribution to California.
— Where more than enough money had been collected in California by decedent's widow as domiciliary administratrix to satisfy and discharge all unpaid, approved claims which had priority over the family allowance under California law, even though she had consumed the moneys collected in payment of the family allowance, and left the preferred claims unsatisfied, there was no abuse of discretion on the part of the New Mexico trial court in refusing to transmit surplus funds for distribution in California.
Anderson v. Minton
, 1948-NMSC-063, 52 N.M. 393, 200 P.2d 361 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators § 998.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 4 - Foreign Personal Representatives; Ancillary Administration › Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES › Section 45-4-206 - Power of representatives in transition.

A. The power of a domiciliary foreign personal representative under Section 4-201 [45-4-201 NMSA 1978] or 4-205 [45-4-205 NMSA 1978] shall be exercised only if there is no administration or application for administration pending in New Mexico. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under Section 4-205, but the district court may allow the foreign personal representative to exercise limited powers to preserve the estate.
B. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration.
C. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in New Mexico.
History:
1953 Comp., § 32A-4-206, enacted by Laws 1975, ch. 257, § 4-206.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators § 998.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 4 - Foreign Personal Representatives; Ancillary Administration › Part 2 - POWERS OF FOREIGN PERSONAL REPRESENTATIVES › Section 45-4-207 - Ancillary and other local administrations; provisions governing.

A. Upon the filing of an authenticated copy of the will, if any, and an authenticated copy of the domiciliary letters with the court, a foreign personal representative may be granted ancillary letters of administration in formal proceedings in the same manner as provided in Section 3-414 [45-3-414 NMSA 1978] and subject to any bond requirement as provided in Sections 3-603 and 3-604 [45-3-603, 45-3-604 NMSA 1978].
B. In respect to a nonresident decedent, the provisions of Sections 3-101 through 3-1204 [45-3-101 to 45-3-1204 NMSA 1978] govern:
(1) proceedings, if any, in a court of New Mexico for probate of the will, appointment, removal, supervision and discharge of the local personal representative, and any other order concerning the estate; and
(2) the status, powers and duties and liabilities of any local personal representative and the rights of claimants, purchasers, distributees and others in regard to a local administration.
History:
1953 Comp., § 32A-4-207, enacted by Laws 1975, ch. 257, § 4-207.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 4-207 UPC.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators § 998.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 4 - Foreign Personal Representatives; Ancillary Administration › Part 3 - JURISDICTION OVER FOREIGN PERSONAL REPRESENTATIVES › Section 45-4-301 - Jurisdiction by act of foreign personal representative.

A. A foreign personal representative submits personally to the jurisdiction of the courts of New Mexico in any proceeding relating to the estate by:
(1) filing the documents and statement as provided in Section 4-204 [45-4-204 NMSA 1978];
(2) receiving payment of money or taking delivery of personal property under Section 4-201 [45-4-201 NMSA 1978]; or
(3) doing any act as a personal representative in New Mexico which would have given the state jurisdiction over him as an individual.
B. Jurisdiction under Paragraph (2) of Subsection A of this section is limited to the money or value of personal property collected.
History:
1953 Comp., § 32A-4-301, enacted by Laws 1975, ch. 257, § 4-301.
ANNOTATIONS
Official comments.
—
See
Commissioners on Uniform State Law official comment to 4-301 UPC.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Capacity of foreign domiciliary or of ancillary personal representative to maintain action for death under statute of forum providing for action by personal representative, 52 A.L.R.2d 1048.
Applications of rule permitting courts to exercise jurisdiction over equity actions against foreign personal representatives where there are assets within forum, 53 A.L.R.2d 323.
State statutes or rules of court conferring in personam jurisdiction over nonresidents on the basis of isolated acts or transactions within state as applicable to personal representative of deceased nonresident, 19 A.L.R.3d 171.
34 C.J.S. Executors and Administrators § 988.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 4 - Foreign Personal Representatives; Ancillary Administration › Part 3 - JURISDICTION OVER FOREIGN PERSONAL REPRESENTATIVES › Section 45-4-302 - Jurisdiction by act of decedent.

In addition to jurisdiction conferred by Section 4-301 [45-4-301 NMSA 1978], a foreign personal representative is subject to the jurisdiction of the courts of New Mexico to the same extent that his decedent was subject to jurisdiction immediately prior to death.
History:
1953 Comp., § 32A-4-302, enacted by Laws 1975, ch. 257, § 4-302.
ANNOTATIONS
Compiler's notes.
— This section includes within its scope some of the functions of former 31-2-5 and 31-2-9, 1953 Comp.
Generally.
— The generally accepted rule, absent exceptional circumstances, is that the personal representative of a decedent cannot be sued in an action at law in a state other than that of his appointment, unless ancillary letters of administration have issued.
State ex rel. Scott v. Zinn
, 1964-NMSC-105, 74 N.M. 224, 392 P.2d 417 (decided under former law).
Texas administrator not liable in New Mexico for Colorado tort.
— The administrator of an estate in Texas is not subject to suit at law in New Mexico for the alleged torts of his decedent in Colorado.
State ex rel. Scott v. Zinn
, 1964-NMSC-105, 74 N.M. 224, 392 P.2d 417 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
34 C.J.S. Executors and Administrators § 1012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 4 - Foreign Personal Representatives; Ancillary Administration › Part 3 - JURISDICTION OVER FOREIGN PERSONAL REPRESENTATIVES › Section 45-4-303 - Notice to a foreign personal representative.

Notice shall be given to a foreign personal representative in the manner prescribed by Section 45-1-401 NMSA 1978.
History:
1953 Comp., § 32A-4-303, enacted by Laws 1975, ch. 257, § 4-303; 1977, ch. 121, § 8; repealed and reenacted by Laws 1978, ch. 159, § 14.
ANNOTATIONS
Repeals and reenactments.
— Laws 1978, ch. 159, § 14, repealed former 32A-4-303, as enacted by Laws 1975, ch. 257, § 4-303, as amended by Laws 1977, ch. 121, § 8, relating to service on foreign personal representative, and enacted a new section, effective March 6, 1978.
Compiler's notes.
— This section includes within its scope some of the functions of former 31-2-6, 1953 Comp.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 34 C.J.S. Executors and Administrators § 1012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 4 - Foreign Personal Representatives; Ancillary Administration › Part 4 - ADJUDICATION › Section 45-4-401 - Effect of adjudication.

An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if the local personal representative were a party to the adjudication.
History:
1978 Comp., § 45-4-401, enacted by Laws 1995, ch. 210, § 49.
ANNOTATIONS
Effective dates.
— Laws 1995, ch. 210, § 94 made the act effective July 1, 1995.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 1 - GENERAL PROVISIONS › Section 45-5-102 - Jurisdiction of subject matter; consolidation of proceedings.

A. Chapter 45, Article 5 NMSA 1978 applies to guardianship and protective proceedings for individuals over whom the court has jurisdiction and to property coming into the control of a guardian or conservator who is subject to the laws of New Mexico.
B. The court has exclusive jurisdiction over protective proceedings for minors domiciled in or having property located in New Mexico. Except to the extent that the guardianship is subject to the Uniform Child-Custody Jurisdiction and Enforcement Act [40-10A-101 to 40-10A-403 NMSA 1978], the court has exclusive jurisdiction over guardianship proceedings for minors domiciled or present in New Mexico.
C. The court has exclusive jurisdiction over guardianship and protective proceedings for an adult individual as provided in the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act [Chapter 45, Article 5A NMSA 1978].
D. When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
History:
1953 Comp., § 32A-5-102, enacted by Laws 1975, ch. 257, § 5-102; 2011, ch. 124, § 53.
ANNOTATIONS
The 2011 amendment,
effective January 1, 2012, added Subsection A to specify the jurisdiction of the district court in guardianship and guardianship protective proceedings for minors and adults; and added Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Power of guardian or committee of incompetent in respect of insurance on ward's life, or of policy under which he has interest, 84 A.L.R. 366.
Divorce court's acquisition of jurisdiction over custody and maintenance of child as precluding guardianship proceedings in another court, 146 A.L.R. 1167.
Power of guardian or committee to compromise liquidated, contract claim or money judgment, and of courts to authorize or approve such a compromise, 155 A.L.R. 196.
Function, power and discretion of court as affected by testamentary appointment of guardian of minor, 67 A.L.R.2d 803.
Power to make charitable gifts from estate of incompetent, 99 A.L.R.2d 946.
Power of court or guardian to make noncharitable gifts or allowances out of funds of incompetent ward, 24 A.L.R.3d 863.
Ademption or revocation of specific devise or bequest by guardian, committee, conservator or trustee of mentally or physically incompetent testator, 84 A.L.R.4th 462.
14 C.J.S. Chemical Dependents § 9; 39 C.J.S. Guardian and Ward § 11; 57 C.J.S. Mental Health §§ 21 et seq., 108 et seq.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 1 - GENERAL PROVISIONS › Section 45-5-104 - Delegation of powers by parent or guardian.

A parent or a guardian of a minor or an incapacitated person, by an acknowledged power of attorney, may delegate to another person, for a period not exceeding six months, any of the parent's or guardian's powers regarding care, custody or property of the minor child or protected person, except the power to consent to marriage or adoption of a minor protected person.
History:
1953 Comp., § 32A-5-104, enacted by Laws 1975, ch. 257, § 5-104; 2009, ch. 159, § 27.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, deleted "ward" and added "protected person".
Agreements subject to judicial modification.
— Agreements between parents and third parties regarding the guardianship, care, custody, maintenance or education of children are subject to judicial modification.
In re Adoption of Doe
, 1982-NMCA-094, 98 N.M. 340, 648 P.2d 798, cert. denied,
Cook v. Brownfield
, 98 N.M. 336, 648 P.2d 794.
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 § 55; 57 C.J.S. Mental Health § 108 et seq.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 1 - GENERAL PROVISIONS › Section 45-5-105 - Compensation and expenses.

If not otherwise compensated for services rendered, any visitor, attorney, qualified health care professional or guardian appointed in a guardianship proceeding is entitled to reasonable compensation from the estate of the incapacitated person.
History:
Laws 1993, ch. 301, § 23.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 1 - GENERAL PROVISIONS › Section 45-5-106 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 168 § 15 repealed 45-5-106 NMSA 1978, as enacted by Laws 1993, ch. 301, § 27, relating to enforceability of an advance directive executed in another jurisdiction, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
24-7A-16C NMSA 1978.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 228, § 16 made Laws 2019, ch. 228 effective July 1, 2019.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 128, § 14 made Laws 2021, ch. 128, § 13 effective July 1, 2021.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
39 C.J.S. Guardian and Ward § 20.
2023 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.

ANNOTATIONS
Recompilations.
— 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Participation 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.
2023 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.
ANNOTATIONS
The 2011 amendment,
effective January 1, 2012, eliminated the testamentary appointment of guardians and provided for parental appointment of guardians.
Human services department [health care authority department] as guardian.
— Where the portions of a wrongful death payment due minors who were in custody of the human services department [health care authority 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
The 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.
2023 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.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
The 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.