Guardianship is a legal process by which the Court finds a person is “incapacitated” and unable to make decisions about their life, and appoints a guardian for that person. The guardian has legal authority to make decisions on behalf of the person, in areas such as:

• Health Care
• Personal Care
• Finances
• Residence

When the incapacitated person has substantial assets and finances, a Conservator is appointed by the court to manage their financial affairs and estate.

Alternatives to guardianship provide ways to support people who need help making decisions, while leaving them the power and authority to make those decisions. Some alternatives to guardianship are:

• Supported Decision-Making: Helping the individual make their own decisions with support and information from trusted people. Under Supported Decision-Making, the person identifies specific people who will help them with specific topics or areas. The person making the decision is the Decision-Maker, and the people helping them are Supporters.
• Surrogate Decision-Maker for Healthcare: A person designated to make healthcare decisions when the individual no longer has the capacity to make their own healthcare decisions.
• Power of Attorney: A Power of Attorney Granting authority to someone to act on the individual's behalf in specific areas.
• Representative Payee: Managing government benefits, such as Social Security, for the individual.

Special Needs Trust: Protecting financial assets while preserving eligibility for public benefits.

Yes, an attorney is required to petition the court to appoint a guardian for an alleged incapacitated person. This ensures the legal process is followed correctly and the rights of all parties are protected.

You need to consult with the tribal court regarding the guardianship process.

For OOG services, applicants must be:

• at least 18 years old;
• a resident of, or physically present in, New Mexico;
• someone with a functional impairment causing them to be unable to make or communicate their decisions; and 
• financially eligible.

You can call OOG at (505) 841-4519 to speak with someone about the income eligibility requirements. Click HERE to determine income eligibility.

Call (505) 841-4519 to request an application, or:

Click HERE to download the Guardianship Services Application

Click HERE Guardianship Services Application (en Español)

You can submit a completed application by mail, fax, or email to:

DDC Office of Guardianship
Attn: Intake Coordinator
625 Silver Avenue SW, Suite 100A
Albuquerque, NM 87102

Fax: 505-841-4549
Email: DDCOOG.Intake@ddc.nm.gov

OOG contracts with attorneys who practice in the guardianship field. Many of them also handle private cases. Click HERE to see the list of attorneys who work with OOG. 

Other non-profit organizations that may be able to answer questions or help with guardianship are: 

• Advocacy, Inc.
  Phone: 505-266-3166
  Website: https://www.nmadvocacy.org/home
• Disability Rights New Mexico
  Toll Free: 1-800-432-4682
  Website: http://www.drnm.org/
• New Mexico Legal Aid
  Toll Free: 1-833-545-4357
  Website: https://www.lawhelpnewmexico.org/

State Bar of New Mexico
Toll Free: 1-800-876-6227
Website: https://www.nmbar.org/

It varies from case to case. Under New Mexico law, the hearing to determine whether a guardian should be appointed must be at least 60 days after filing the Petition. For OOG cases, once the legal team is assigned to a case, it can take anywhere from three to six months for the guardian to be appointed.

Yes, there can be co-guardianships. For example, both parents of a person with disabilities can be appointed as that person’s guardians. It is up to the court hearing the case to decide whether co-guardians will be appointed.

OOG only compensates Professional Guardians who contract with the Developmental Disabilities Council (DDC).

Guardians can only make decisions that are specified in the court order.

The Protected Person retains all legal and civil rights, except for what is specified in the court order.

All guardians (both professional and non-professional) are required to submit the following reports to the court, using Form 4-996 NMRA:

• 90 Day Report, filed within 90 days of the guardian’s appointment by the court.
• Annual Report, filed within 30 days of the anniversary of the guardian’s appointment.
• Final Report, filed upon the appointment of a successor guardian, the termination of guardianship, or the death of the Protected Person.

Failure to submit the required court reports may result in a fine of $25.00 per day, and could be grounds for the court to appoint a successor guardian.

No, OOG only monitors Professional Guardians who contract with the Developmental Disabilities Council.

First, an attempt must be made to resolve the issue with the guardian. If the parties are unable to resolve the issue within 30 days, a complaint can be submitted to OOG. Click here to find out more information and to access the OOG Complaint form:

• NM Developmental Disabilities Council
  https://nmddc.c51dev.com/programs/office-of-guardianship/complaints

Additionally, complaints may also be submitted to the court by writing a letter to the judge or filing a court grievance form. Click here to find out more information about the court’s grievance procedures and to access the court’s Complaint form:

• NM Courts - Adult Guardianship
  https://adultguardianship.nmcourts.gov/about/grievance-process/

You must ask the court to terminate the guardianship. A guardian’s appointment can only be terminated by the court. To terminate the guardianship, you should write a letter to the court explaining why the guardianship should be terminated. The court will hold a hearing to determine the appropriate course of action.

You should write a letter to the court explaining why the guardian can no longer perform their guardianship duties. The court will hold a hearing to determine the appropriate course of action.

Yes. Upon the death of a Protected Person, the guardian must notify the court by completing the Final Guardian Report using Form 4-996 NMRA.