reglab/statecodes huggingface dataset:
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 45-5-304 - Findings; order of appointment.

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1953 Comp., § 5-304, enacted by Laws 1975, ch. 257, § 5-304; repealed and reenacted by Laws 1989, ch. 252, § 7; 1993, ch. 301, § 5; 2009, ch. 159, § 34.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— Laws 1989, ch. 252, § 7 repealed former 45-3-304 NMSA 1978, as enacted by Laws 1975, ch. 257, § 5-304, relating to findings and order of appointment, and enacted a new section, effective June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

By accepting a testamentary or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to him at his address as listed in the court records and to his address as then known to the petitioner.
History:
1953 Comp., § 32A-5-305, enacted by Laws 1975, ch. 257, § 5-305.
ANNOTATIONS
Guardians of minors.
— While 45-5-305 NMSA 1978 deals specifically with guardians of incapacitated persons, it applies equally to guardians of wards who are legally incapacitated by their minority, to confer personal jurisdiction over a guardian.
In re Hooker
, 1980-NMSC-109, 94 N.M. 798, 617 P.2d 1313.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
14 C.J.S. Chemical Dependents § 4; 49 C.J.S. Insane Persons § 41.
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 45-5-306 - Death of protected person or guardian; incapacity of guardian.

The authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or protected person, the determination of incapacity of the guardian or upon removal or resignation as provided in Section 45-5-307 NMSA 1978. Upon the death of the protected person, the guardian shall submit notice to the appointing court. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect the guardian's liability for prior acts nor the guardian's obligation to account for funds and assets of the guardian's protected person.
History:
1953 Comp., § 32A-5-306, enacted by Laws 1975, ch. 257, § 5-306; 2009, ch. 159, § 35.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, deleted "ward" and added "protected person"; and added the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
14 C.J.S. Chemical Dependents § 4; 49 C.J.S. Insane Persons § 45.
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 45-5-308 - Letters of guardianship.

Letters of guardianship shall contain:
A. the names, addresses and telephone numbers of the guardian;
B. the name, address and telephone number of the incapacitated person; and
C. the scope of the guardianship including the specific legal limitations imposed by the court on the powers of the guardian.
History:
1978 Comp., § 45-5-308, enacted by Laws 1989, ch. 252, § 9.
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 45-5-313 - Proceedings subsequent to appointment; venue.

A. The court where the protected person resides has concurrent jurisdiction with the court that appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship.
B. Subject to the transfer provisions of the Uniform Adult Guardianship and Protective Proceedings Jurisdication [Jurisdiction] Act, if the court located where the protected person resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interests of the protected person. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed.
History:
1953 Comp., § 32A-5-313, enacted by Laws 1975, ch. 257, § 5-313; 2009, ch. 159, § 40; 2011, ch. 124, § 57.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler to correct a typographical error, and is not part of the law.
The 2011 amendment,
effective January 1, 2012, made the transfer of jurisdiction subject to the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
The 2009 amendment,
effective June 19, 2009, deleted "ward" and added "protected person".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Construction and effect of provision for service of process against minor on a parent, guardian or other designated person, 92 A.L.R.2d 1336.
14 C.J.S. Chemical Dependents § 4; 49 C.J.S. Insane Persons § 137.
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 45-5-315 - Consent to guardianship not permitted.

An alleged incapacitated person shall not be permitted by the court to consent to the appointment of a guardian. All the procedural safeguards contained in Chapter 45, Article 5 NMSA 1978 pursuant to the appointment of a guardian for an incapacitated person shall apply in every guardianship proceeding.
History:
1978 Comp., § 45-5-317, enacted by Laws 1989, ch. 252, § 15.
ANNOTATIONS
Compiler's notes.
— This section was enacted as 45-5-317 NMSA 1978 by Laws 1989, ch. 252, § 14, but was redesignated by the compiler as 45-5-315 NMSA 1978.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-403 - Venue.

Venue for conservatorship proceedings is:
A. in the judicial district where the person to be protected resides or is present; or
B. if the person to be protected does not reside in New Mexico, in any judicial district in New Mexico where he has property. If the person to be protected is admitted to an institution pursuant to the order of a court of competent jurisdiction, venue is also in the judicial district in which that court sits.
History:
1953 Comp., § 32A-5-403, enacted by Laws 1975, ch. 257, § 5-403; 1993, ch. 301, § 13.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, inserted "conservatorship" and deleted "under Sections 5-401 through 5-432" in the introductory paragraph; rewrote Subsection A; and added the second sentence in Subsection B.
Venue restrictions apply to proceedings
involving institution and conduct of conservatorship.
Santa Fe Nat'l Bank v. Galt
, 1979-NMCA-148, 94 N.M. 111, 607 P.2d 649, cert. denied, 94 N.M. 628, 614 P.2d 545.
There is no conflict between this section and 38-3-1 NMSA 1978
in connection with a damage suit filed by a conservator.
Santa Fe Nat'l Bank v. Galt
, 1979-NMCA-148, 94 N.M. 111, 607 P.2d 649 (Ct. App.), cert. denied, 94 N.M. 628, 614 P.2d 545.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward § 20; 49 C.J.S. Insane Persons § 12.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-404.1 - Duties of guardian ad litem.

A. The guardian ad litem shall:
(1) interview the person to be protected in person prior to the hearing;
(2) present the position of the person to be protected to the court;
(3) interview the qualified health care professional, the visitor, the proposed conservator and any other person who may have relevant information concerning the person to be protected;
(4) review both the medical report submitted by the qualified health care professional and the report by the visitor;
(5) obtain independent medical or psychological assessments, or both, if necessary; and
(6) file a written report with the court prior to the hearing on the petition for appointment.
B. Unless otherwise ordered by the court, the duties of the guardian ad litem terminate and the guardian ad litem is discharged from the guardian ad litem's duties upon entry of the order appointing the conservator and acceptance of the appointment by the conservator.
History:
1978 Comp., § 45-5-404.1, enacted by Laws 1989, ch. 252, § 18; 1993, ch. 301, § 14; 2019, ch. 228, § 8.
ANNOTATIONS
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; and added Paragraph A(6).
The 1993 amendment,
effective July 1, 1993, designated and rewrote Subsection A and added Subsection B.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-406 - Guardianship and protective proceedings; request for notice; interested person.

A. Any interested person who desires to be notified before any order is made in a guardianship proceeding, including any proceeding subsequent to the appointment of a guardian, or in a protective proceeding may file a request for notice with the clerk of the court in which the proceeding is pending. The clerk shall mail a copy of the request to the petitioner and to the guardian or conservator if one has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and the address of that person or an attorney to whom notice is to be given. The request is effective only as to matters occurring after the filing.
B. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in a protective proceeding.
C. In addition to the notices required by Section 45-5-207 or 45-5-309 NMSA 1978, notice of a petition for guardianship and of any subsequent proceedings or requests for orders shall be given to each interested person who has filed a request for notice pursuant to the provisions of Subsection A of this section. Except as otherwise required by law, notice shall be given in accordance with Section 45-1-401 NMSA 1978.
History:
1953 Comp., § 32A-5-406, enacted by Laws 1975, ch. 257, § 5-406; 1993, ch. 301, § 16; 1995, ch. 210, § 57.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, added "Guardianship and" to the beginning in the section heading; rewrote Subsection A to such an extent that a detailed comparison would be impracticable; in Subsection B deleted "An interested person in protective proceedings includes" at the beginning and added "is an interested person in a protective proceeding" at the end; and added Subsection C.
The 1993 amendment,
effective July 1, 1993, inserted "petitioner or the" in the second sentence in Subsection A and rewrote Subsection B which read "Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings."
Am. Jur. 2d, A.L.R. and C.J.S. references. —
14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward § 22; 49 C.J.S. Insane Persons § 40.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-409.1 - Repealed.

History:
1978 Comp., § 45-5-409.1, enacted by Laws 2018, ch. 10, § 13; repealed by Laws 2019, ch. 228, § 15.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 228, § 15 repealed 45-5-409.1 NMSA 1978, as enacted by Laws 2018, ch. 10, § 13, relating to waiver of liability, effective July 1, 2019. For provisions of former section,
see
the 2018 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 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-413 - Acceptance of appointment; consent to jurisdiction.

A. By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person.
B. Notice of any proceeding shall be delivered to the conservator, or mailed to him by registered or certified mail at his address as listed in the petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner.
History:
1953 Comp., § 32A-5-413, enacted by Laws 1975, ch. 257, § 5-413.
ANNOTATIONS
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 § 30; 49 C.J.S. Insane Persons § 41.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-414 - Compensation and expenses.

If not otherwise compensated for services rendered, any visitor, attorney, physician, conservator or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate.
History:
1953 Comp., § 32A-5-414, enacted by Laws 1975, ch. 257, § 5-414.
ANNOTATIONS
Compiler's notes.
— This section is similar to former 32-2-8, 1953 Comp.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Death of trustee, executor, administrator or guardian as affecting right to compensation, 7 A.L.R. 1595.
Right of guardian who promises to provide out of own estate for ward to allowance out of ward's estate, 56 A.L.R. 536.
Right and obligation of guardian other than parent in respect of services rendered by, or board or services furnished to, ward, 64 A.L.R. 692.
Right of guardian to allowance for expenditures prior to appointment, 67 A.L.R. 1405.
Guardian's contract employing attorney is binding on ward or his estate, 171 A.L.R. 468.
Fiduciary's compensation on estate assets distributed in kind, 32 A.L.R.2d 778.
Amount of attorney's compensation in matters involving guardianship and trusts, 57 A.L.R.3d 550.
14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward §§ 76, 83, 162, 164; 49 C.J.S. Insane Persons §§ 51, 88.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-416 - Petitions for orders subsequent to appointment.

A. Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order:
(1) requiring bond or security or additional bond or security, or reducing bond;
(2) requiring an accounting for the administration of the estate;
(3) directing distribution;
(4) removing the conservator and appointing a temporary or successor conservator; or
(5) granting other appropriate relief.
B. A conservator may petition the appointing court for instructions concerning his fiduciary responsibility.
C. Upon notice and hearing, the court may give appropriate instructions or make any appropriate order.
History:
1953 Comp., § 32A-5-416, enacted by Laws 1975, ch. 257, § 5-416.
ANNOTATIONS
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 §§ 33, 45, 54, 147, 154; 49 C.J.S. Insane Persons § 40.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-417 - General duty of conservator.

In the exercise of a conservator's powers, a conservator shall act as a fiduciary and shall observe the standards of care applicable to trustees as described by Sections 46A-8-801 through 46A-8-807 NMSA 1978.
History:
1953 Comp., § 32A-5-417, enacted by Laws 1975, ch. 257, § 5-417; 2011, ch. 124, § 58.
ANNOTATIONS
The 2011 amendment,
effective January 1, 2012, changed the statutory reference to Sections 46A-8-801 through 46A-8-807 NMSA 1978.
Conservator may facilitate execution of will.
— Although a conservator must avoid conflicts of interest and must act as a trustee of property, it does not follow that because the conservator is appointed by the district court the conservator is an officer of the court, or that by arranging for the execution of a new will the conservator breached his fiduciary duties.
Lucero v. Lucero
, 1994-NMCA-128, 118 N.M. 636, 884 P.2d 527.
Conservator may not file bankruptcy petition for missing debtor.
— A conservator may not file a voluntary petition for bankruptcy on behalf of a debtor who is missing and whose whereabouts are unknown.
In re King
, 234 B.R. 515 (Bankr. D.N.M. 1999).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Care required of trustee or guardian with respect to retaining securities coming into his hands as assets of the estate, 112 A.L.R. 355.
Right of guardian or committee of incompetent to incur obligations so as to bind incompetent or his estate, or to make expenditures, without prior approval by court, 63 A.L.R.3d 780.
Validity of inter vivos gift by ward to guardian or conservator, 70 A.L.R.4th 499.
14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward § 69; 49 C.J.S. Insane Persons § 49.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-418 - Inventory and records.

A. Within ninety days after his appointment, every conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person together with his oath or affirmation that it is complete and accurate so far as he is informed.
B. The conservator shall provide a copy of the inventory to the protected person if he can be located, has attained the age of fourteen years, and has sufficient mental capacity to understand these matters, and to any parent or guardians with whom the protected person resides.
C. The conservator shall keep suitable records of his administration and exhibit the same on request of any interested person.
History:
1953 Comp., § 32A-5-418, enacted by Laws 1975, ch. 257, § 5-418.
ANNOTATIONS
Compiler's notes.
— This section is similar to former 32-2-5, 1953 Comp.
Accounting to be according to statute.
— Where guardianship was authorized by the court, the guardian of an incapacitated person's estate must account according to the liability imposed by statute.
In re Miera's Guardianship
, 1934-NMSC-017, 38 N.M. 377, 34 P.2d 299 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Conclusiveness and effect of annual or intermediate account of guardian of infant or incompetent, 99 A.L.R. 996.
Surchargeability of trustee, executor, administrator or guardian in respect of mortgage investment, as affected by matters relating to value of property, 117 A.L.R. 871.
14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward §§ 74, 145; 49 C.J.S. Insane Persons § 87.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-419 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 301, § 28 repealed 45-5-419 NMSA 1978, as enacted by Laws 1975, ch. 257, § 5-419, relating to the filing of a conservator's account of his or her administration of the estate, effective July 1, 1993. For provisions of former section,
see
the 1992 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 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-420 - Conservators; title by appointment.

A. The appointment of a conservator vests in him title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property previously held for the protected person by custodians or attorneys-in-fact.
B. The appointment of a conservator is not a transfer or alienation within the meaning of general provisions of any federal or state statute or regulation, insurance policy, pension plan, contract, will or trust instrument, imposing restrictions upon or penalties for transfer or alienation by the protected person of his rights or interest, but this section does not restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a conservator.
History:
1953 Comp., § 32A-5-420, enacted by Laws 1975, ch. 257, § 5-420.
ANNOTATIONS
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 § 73; 49 C.J.S. Insane Persons § 85.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-421 - Recording of conservator's letters.

Subject to the requirements of laws governing the filing or recordation of documents of title to land or other property, letters of conservatorship, and orders terminating conservatorships, may be filed or recorded to give record notice of title as between the conservator and the protected person.
History:
1953 Comp., § 32A-5-421, enacted by Laws 1975, ch. 257, § 5-421.
ANNOTATIONS
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 §§ 28, 34, 35, 52; 49 C.J.S. Insane Persons § 41.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-421.1 - Letters of conservatorship.

Letters of conservatorship shall contain:
A. the names, addresses and telephone numbers of the conservator;
B. the name, address and telephone number of the person for whom a conservator has been appointed; and
C. the scope of the conservatorship including the specific legal limitations imposed by the court on the powers of the conservator.
History:
1978 Comp., § 45-5-421.1, enacted by Laws 1989, ch. 252, § 26.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-422 - Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions.

Any sale or encumbrance to a conservator, his spouse, agent or attorney, or to any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest is voidable unless the transaction is approved by the court after notice to interested persons and others as directed by the court.
History:
1953 Comp., § 32A-5-422, enacted by Laws 1975, ch. 257, § 5-422.
ANNOTATIONS
Change in will.
— Section 45-5-422 NMSA 1978 speaks in general terms of "any sale or encumbrance to a conservator" and does not speak directly to transfers by will or changes in an estate plan so as to constitute a breach of fiduciary duty by a conservator's efforts to make arrangements requested by the protected person to change the protected person's will.
Lucero v. Lucero
, 1994-NMCA-128, 118 N.M. 636, 884 P.2d 527.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Guardian's purchase from corporation of which he is officer or stockholder as voidable or as ground for surcharging his account, 105 A.L.R. 449.
Ownership of stock in corporation in which guardian holds stock in fiduciary capacity by guardian in his own right, 106 A.L.R. 220, 161 A.L.R. 1039.
Transaction with affiliated corporation by corporate guardian as violation of rule against self-dealing, 151 A.L.R. 905.
Validity of inter vivos gift by ward to guardian or conservator, 70 A.L.R.4th 499.
14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward §§ 98 to 100; 49 C.J.S. Insane Persons § 85.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-423 - Persons dealing with conservators; protection.

A person who in good faith either assists a conservator or deals with him for value in any transaction other than those requiring a court order as provided in Section 5-408, is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, except that restrictions on powers of conservators which are endorsed on letters as provided in Section 5-426 [45-5-426 NMSA 1978] are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters. The protection here expressed is in addition to that provided by comparable provisions of laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
History:
1953 Comp., § 32A-5-423, enacted by Laws 1975, ch. 257, § 5-423.
ANNOTATIONS
Compiler's notes.
— This section includes within its scope some of the functions of former 32-1-35, 1953 Comp.
The reference to Section 5-408 is a reference to a certain section of Chapter 257 of Laws 1975, which enacted the Uniform Probate Code, and was compiled as Section 45-5-408 NMSA 1978. That section was repealed and new provisions were enacted in 1993.
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 § 138; 49 C.J.S. Insane Persons § 107.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-426 - Consent to conservatorship; applicable laws.

All the procedures contained in Chapter 45, Article 5 NMSA 1978 pursuant to the appointment of a conservator for a person under conservatorship shall apply. The person for whom a conservatorship is sought shall not be allowed to consent to the appointment of a conservator by the court.
History:
1978 Comp., § 45-5-426, enacted by Laws 1989, ch. 252, § 27.
ANNOTATIONS
Repeals and reenactments.
— Laws 1989, ch. 252, § 27, repealed former 45-5-426 NMSA 1978, as enacted by Laws 1975, ch. 257, § 5-426, relating to enlargement or limitation of powers of conservator, and enacted a new section, effective June 16, 1989.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-427 - Preservation of estate plan.

In investing the estate, and in selecting assets of the estate for distribution under Subsection A of Section 5-425 [45-5-425 NMSA 1978], and in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the conservator or the court, and in exercising any other powers vested in them, the conservator or the court should take into account any known estate plan of the protected person, including his will; any revocable trust of which he is settlor; and any contract, transfer or joint ownership arrangement with provisions for payment or transfer of benefits or interests at his death to another or others which he may have originated. The conservator may examine the will of the protected person.
History:
1953 Comp., § 32A-5-427, enacted by Laws 1975, ch. 257, § 5-427.
ANNOTATIONS
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 §§ 88 to 90; 49 C.J.S. Insane Persons § 85.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-429 - Individual liability of conservator.

A. Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in the conservator's fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the conservator's representative capacity and identify the estate in the contract.
B. The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if the conservator is personally at fault.
C. Claims based on contracts entered into by a conservator in the conservator's fiduciary capacity on obligations arising from ownership or control of the estate or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in the conservator's fiduciary capacity, whether or not the conservator is individually liable for those claims.
D. Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding or action.
E. No person shall request, procure or receive a release or waiver of liability, however denominated, of a conservator, an agent, an affiliate or a designee of a conservator or any other third party acting on behalf of a conservator.
F. A release or waiver of liability that is requested, procured or received contrary to the provisions of this section is void.
History:
1953 Comp., § 32A-5-429, enacted by Laws 1975, ch. 257, § 5-429; 2019, ch. 228, § 13.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, prohibited waivers of liability for conservators, and provided that any release or waiver of liability requested, procured or received contrary to the provisions of this section is void; and added Subsections E and F.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability in absence of mandatory statute, of guardian for loss of funds as affected by failure to obtain court order authorizing investment, 116 A.L.R. 437.
Transaction with affiliated corporation, by corporate guardian as violation of rule against self-dealing, 151 A.L.R. 905.
Liability of incompetent's estate for torts committed by guardian, committee or trustee in managing estate, 40 A.L.R.2d 1103.
Guardian's liability for interest on ward's funds, 72 A.L.R.2d 757.
17A C.J.S. Contracts § 347; 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward § 93; 49 C.J.S. Insane Persons § 86.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-430 - Termination of proceeding.

The protected person, his personal representative, the conservator or any other person interested in the welfare of a person for whom a conservator has been appointed may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. The court, upon finding after notice and hearing that the minority or disability of the protected person has ceased, may terminate the conservatorship. Upon termination, title to assets of the estate passes to the former protected person or to his successors, subject to provision in the order for expenses of administration or to conveyances from the conservator to the former protected person or his successors, to evidence the transfer.
History:
1953 Comp., § 32A-5-430, enacted by Laws 1975, ch. 257, § 5-430.
ANNOTATIONS
Compiler's notes.
— This section includes within its scope some of the functions of former 32-2-9, 1953 Comp.
Cross references.
— For definition of "disability",
see
45-5-101 NMSA 1978.
For age of majority,
see
12-2A-3 and 28-6-1 NMSA 1978.
Protected person's change of will.
— A conservator who believes the protected person legitimately wants to change the protected person's will, is not required to either: (1) petition to terminate the conservatorship under 45-5-430 NMSA 1978; or (2) seek instruction from the appointing court pursuant to 45-5-416 NMSA 1978; while either of these may be a legitimate procedure, neither is required by the Uniform Probate Code before a person whose property is under a conservatorship is entitled to execute a will.
Lucero v. Lucero
, 1994-NMCA-128, 118 N.M. 636, 884 P.2d 527.
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 §§ 49 to 52; 49 C.J.S. Insane Persons § 45.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-431 - Payment of debt and delivery of property to foreign conservator without local proceedings.

A. Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action belonging to a protected person, may pay or deliver to a conservator, guardian of the estate or other like fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of his appointment and an affidavit made by him stating that:
(1) no protective proceeding relating to the protected person is pending in New Mexico; and
(2) the foreign conservator is entitled to payment or to receive delivery.
B. If the person to whom the affidavit is presented pursuant to Subsection A of this section is not aware of any protective proceeding pending in New Mexico, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.
History:
1953 Comp., § 32A-5-431, enacted by Laws 1975, ch. 257, § 5-431.
ANNOTATIONS
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 § 187; 49 C.J.S. Insane Persons § 154.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-432 - Repealed.

History:
1953 Comp., § 32A-5-432, enacted by Laws 1975, ch. 257, § 5-432; 1978 Comp., § 45-5-432, repealed by Laws 2011, ch. 124, § 97.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 124, § 97 repealed 45-5-432 NMSA 1978, as enacted by Laws 1975, ch. 257, § 5-432, relating to foreign conservators, 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 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-433 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 301, § 28 repealed 45-5-433 NMSA 1978, as enacted by Laws 1989, ch. 252, § 28, relating to exemptions for veterans, effective July 1, 1993. For provisions of former section,
see
the 1992 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 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-434 - 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 district court, in any appropriate county of New Mexico, certified copies of the order and letters of office.
History:
1978 Comp., § 45-5-434, enacted by Laws 2011, ch. 124, § 59.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 105 made Laws 2011, ch. 124, § 59 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-435 - 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 district court in New Mexico, 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., § 45-5-434, enacted by Laws 2011, ch. 124, § 60.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 105 made Laws 2011, ch. 124, § 60 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS › Section 45-5-436 - 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 under 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 court of New Mexico may grant any relief available under Chapter 45, Article 5 NMSA 1978 and other law of this state to enforce a registered order.
History:
1978 Comp., § 45-5-436, enacted by Laws 2011, ch. 124, § 61.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 124, § 105 made Laws 2011, ch. 124, § 61 effective January 1, 2012.
2023 New Mexico Statutes › Chapter 45 - Uniform Probate Code › Article 5 - Protection of Persons Under Disability and Their Property › Part 5 - POWERS OF ATTORNEY › Section 45-5-501 - Repealed.

History:
1978 Comp., § 45-5-501, enacted by Laws 1995, ch. 210, § 58; 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-501 NMSA 1978, being Laws 1995, ch. 210, § 58, relating to powers of attorney, 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 5 - POWERS OF ATTORNEY › Section 45-5-502 - Repealed.

History:
1978 Comp., § 45-5-502, enacted by Laws 1995, ch. 210, § 59; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-502 NMSA 1978, being Laws 1995, ch. 210, § 59, relating to powers of attorney, 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 5 - POWERS OF ATTORNEY › Section 45-5-503 - Repealed.

History:
1978 Comp., § 45-5-503, enacted by Laws 1995, ch. 210, § 60; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-503 NMSA 1978, being Laws 1995, ch. 210, § 60, relating to powers of attorney, 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 5 - POWERS OF ATTORNEY › Section 45-5-504 - Repealed.

History:
1978 Comp., § 45-5-504, enacted by Laws 1995, ch. 210, § 61; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-504 NMSA 1978, being Laws 1995, ch. 210, § 61, relating to powers of attorney, 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 5 - POWERS OF ATTORNEY › Section 45-5-505 - Repealed.

History:
1978 Comp., § 45-5-505, enacted by Laws 1995, ch. 210, § 62; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-505 NMSA 1978, being Laws 1995, ch. 210, § 62, relating to powers of attorney, 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 45-5-601 - Repealed.

History:
1978 Comp., § 45-5-601, enacted by Laws 1995, ch. 210, § 63; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-601 NMSA 1978, as enacted by Laws 1995, ch. 210, § 63, 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 45-5-602 - Repealed.

History:
1978 Comp., § 45-5-602, enacted by Laws 1995, ch. 210, § 64; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-602 NMSA 1978, as enacted by Laws 1995, ch. 210, § 64, 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 45-5-603 - Repealed.

History:
1978 Comp., § 45-5-603, enacted by Laws 1995, ch. 210, § 65; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-603 NMSA 1978, as enacted by Laws 1995, ch. 210, § 65, 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 45-5-604 - Repealed.

History:
1978 Comp., § 45-5-604, enacted by Laws 1995, ch. 210, § 66; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-604 NMSA 1978, as enacted by Laws 1995, ch. 210, § 66, 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 45-5-605 - Repealed.

History:
1978 Comp., § 45-5-605, enacted by Laws 1995, ch. 210, § 67; repealed by Laws 2007, ch. 135, § 404.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 135, § 404 repealed 45-5-605 NMSA 1978, as enacted by Laws 1995, ch. 210, § 67, 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.