Court Visitor

Qualifications

A CV has experience working in the social services field such as: mental health, psychology, social work, professional in the field of intellectual and/or developmental disabilities, nursing, physical or occupational therapy, education, and rehabilitation services.

CVs that contract with OOG must have:

• The expertise to appropriately evaluate the needs of the individual from whom guardianship is proposed; and
• No personal interest in the proceeding. 

Responsibilities

CVs are required to act in accordance with the:

• Uniform Probate Code (NMSA 1978, §§ 45-5-101 to -315);
• New Mexico Administrative Code, Title 9 Human Rights, Chapter 4 Persons with Disabilities, Part 21 Guardianship Services (9.4.21.1 through 9.4.21.18 NMAC); and
• Applicable rules of professional conduct, ethics or standards for Contractor’s professional license.
   

Duties 

CV shall perform their duties as prescribed by the Uniform Probate Code, NMSA 1978, § 45-5-303(E).

• CV visits the home and interviews the individual.
• Interviews the:
  • Proposed Guardian
  • If necessary, others who know individual well.
• Evaluates the individual’s needs.
• Prepare and file with the court a written report on the appropriateness of the guardianship.
• Ensure that the report includes recommendations regarding:
  • The appropriateness of the appointment of the proposed guardian.
  • Those aspects of personal care that the individual can manage without supervision or assistance.
  • Those aspects of personal care that the individual could manage with the supervision or assistance of support services and benefits.
  • Those aspects of personal care that the individual is unable to manage without the supervision of a guardian.
  • Their opinion as to any other information that could help the court determine if the proposed guardianship is necessary to promote and protect the wellbeing of the individual and will encourage their development of maximum self-reliance and independence.
• CV duties and responsibilities are discharged upon the entry of the order appointing the guardian and acceptance of the appointment, unless otherwise ordered by the court.