Petitioning Attorney

Qualifications

PETs that contract with OOG must:

• Be licensed or permitted to practice law in New Mexico;
• Maintain professional liability insurance;
• Be familiar with the legal requirements for guardianship; and
• Act on the presumption that guardianship is not necessary. 

Responsibilities

PETs are required to act in accordance with the:

• Uniform Probate Code, NMSA 1978, § 45-1-201, Definitions.
• Uniform Probate Code, NMSA 1978, §§ 45-5-101 through 45-5-110, Protection of Persons Under Disability and Their Property: General Provisions.
• Uniform Probate Code, NMSA 1978, §§ 45-5-301 through 45-5-315, Protection of Persons Under Disability and Their Property: Guardians of Incapacitated Persons.
• Uniform Probate Code, NMSA 1978, § 45-5-406, Protection of Persons Under Disability and Their Property: Guardianship and Protective Proceedings; Request for Notice; Interested Person.
• Rules of Civil Procedure for the District Courts, Article 2: Commencement of Action:
  • Rule 1-003.2 NMRA Guardianship and Conservatorship Information Sheet.
  • Rule 1-004.1 NMRA Guardianship and Conservatorship Proceedings Process.
• Rules of Civil Procedure for the District Courts, Article 9: District Courts: Rule 1-079.1 NMRA Public Inspection and Sealing of Court Records in Guardianship and Conservatorship Proceedings.
• Rules of Civil Procedure for the District Courts, Article 14: Guardianship and Conservatorship Proceedings:
  • Rule 1-140 NMRA Mandatory Use of Forms.
  • Rule 1-141 NMRA Determination of Persons Entitled to Notice of Proceedings or Access to Court Records.
  • Rule 1-142 NMRA Proof of Certification of Professional Guardians and Conservators.
  • Rule 1-143 NMRA Appointment of Visitor, Qualified Health Care Professional, and Guardian Ad Litem; Timing and Review of Reports; and
  • Rule 1-144 NMRA Mandatory Viewing of New Mexico Courts’ Guardian and Conservator Orientation Program Videos.
• 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).
• Rules of Professional Conduct (NMRA Rules 16100 et seq.).

Duties

The PET is responsible for:

• Considering limited guardianship before recommending a plenary or full guardianship to the court;
• Ensuring the individual in need of protection receives personal service of the court-endorsed Petition and Notice of Hearing and Rights;
• Ensuring that all interested persons are served with the Petition and Notice of Hearing Rights; and
• Ensuring that the GAL and CV reports are timely filed with the court.