Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer: Seeking Guardianship or Conservatorship in New Mexico
New Mexico law allows a concerned family member or friend to petition for guardianship (personal decision‐making) or conservatorship (financial decision‐making) for an incapacitated adult. These proceedings follow the Uniform Probate Code, NMSA 1978, Chapter 45, Article 5.
1. Determine the Appropriate Proceeding
Decide whether you need authority over personal/health decisions (guardianship), financial/property decisions (conservatorship), or both. See NMSA 1978, § 45-5-501 (link).
2. Prepare and File the Petition
- Complete the district court’s official petition form, available from your local probate court clerk.
- Include the proposed ward’s name, relationship to you, and reasons for incapacity.
- Attach a physician or psychologist’s certificate confirming incapacity as required by NMSA 1978, § 45-5-507 (link).
- File the petition in the district court of the county where the proposed ward resides and pay filing fees.
3. Provide Notice to Interested Parties
Serve a copy of the petition and a notice of hearing on the proposed ward, spouse, adult children, and other close relatives at least 15 days before the hearing. See NMSA 1978, § 45-5-510 (link).
4. Appointment of Counsel and Guardian ad Litem
If the proposed ward cannot afford counsel, the court will appoint an attorney and a guardian ad litem to protect the ward’s interests. See NMSA 1978, § 45-5-511.
5. Attend the Court Hearing
At the hearing, you must prove by clear and convincing evidence that the ward is incapacitated and that you are suitable. The court may review medical evaluations and hear testimony from family or experts.
6. Receive the Court’s Decision and Letters
If the court grants your petition, it will issue an order appointing you guardian and/or conservator and issue Letters of Guardianship/Conservatorship, authorizing you to act on the ward’s behalf.
7. Fulfill Ongoing Duties and Reporting
- File annual reports of the ward’s condition and estate status (NMSA 1978, § 45-5-516 link).
- Obtain court approval for major decisions, like selling real estate.
- Maintain accurate records and act in the ward’s best interests.
Helpful Hints
- Visit your local district court’s website for specific forms and fee schedules.
- Consider a free or low-cost consultation with a probate attorney to review your petition.
- Keep detailed notes of communications and decisions you make for the ward.
- Be prepared for potential objections from family members and address them calmly.
- Plan for annual filings early to avoid court penalties or removal.