OOG Complaint Process

OOG investigates complaints regarding the professional guardians assigned to OOG clients. The investigation looks into whether the professional guardian did not comply with the National Guardianship Association’s Standards of Practice, or a provision of the professional guardian’s Scope of Work with OOG. 

Please note: OOG is only authorized to investigate complaints against the professional guardians with whom it contracts in cases where OOG is paying for the professional guardian’s services. For complaints regarding a family guardian, or regarding a professional guardian whose services are not paid for by OOG, complaints can be submitted directly to the Court handling the guardianship case. Information on how to submit a complaint to the Court is available here: https://adultguardianship.nmcourts.gov/about/grievance-process/

A complaint may be submitted to OOG using its Complaint Form, available at this link. Complaints can be submitted by email, over the telephone, or in person, to:

DDC Office of Guardianship
625 Silver Avenue SW, Suite 100A
Albuquerque, New Mexico 87102
(505) 644-3160
Lynette.Varela@ddc.nm.gov
Fax: (505) 841-4455

Please include as much information as possible, including the name of the professional guardian and Protected Person involved, and a description of the decision or action giving rise to the complaint. 

OOG’s goal is to address and resolve all concerns and issues at the lowest level of intervention possible. To achieve this, the first step towards addressing any issues is to communicate directly with the guardian to see if a resolution can be reached. If OOG receives a complaint and this has not been attempted, then OOG will ask the professional guardian to meet with the person submitting the complaint within 30 days. 

If the issue remains unresolved, then OOG will investigate the issue to determine if any Standard of Practice or contract provision has been breached, and whether any corrective action must be taken.

In addition to the OOG complaint process, the New Mexico Courts also have a complaint process that applies to all guardianship cases, including OOG cases. Information about the Courts’ complaint process, and the forms to use, are available here: https://adultguardianship.nmcourts.gov/about/grievance-process/

For complaints against the Office of Guardianship, please submit them to the NM Health Care Authority:

NM Health Care Authority
Attn: Office of the Secretary
P.O. Box 2348
Santa Fe, New Mexico 87504

Finally, the Center for Guardianship Certification is the national organization that certifies professional guardians. They also have a complaint process to address improper decisions made by professional guardians. Complaints can be submitted to:

NM Health Care Authority
Attn: Office of the Secretary
P.O. Box 2348
Santa Fe, New Mexico 87504