Guardianship Program Helpful Information
Alternatives to Guardianship in New Mexico
Under New Mexico law, guardianship is the decision-making support of last resort, when no other less-restrictive options will provide the necessary support. Before asking the Court to appoint a guardian, here are some other options that can provide decision-making support of New Mexicans.
- Supported Decision-Making Act: NMSA 1978, Sections 24-7D-1 through -14
- Uniform Health-Care Decisions Act: NMSA 1978, Sections 24-7A-1- through -18
- Mental Health Care Treatment Decisions Act: NMSA 1978, 24-7B-1 through -16
- Uniform Power of Attorney Act: NMSA 1978, Sections 45-5B-101 through -403
- § 45-5B-301: Statutory Form Power of Attorney
- § 45-5B-302: Agent’s Certification
Guardianship Training, Standards, and Certification Information
Before a New Mexico Court will appoint someone as a guardian, they must complete certain training available through the Court’s website. Additionally, guardians must comply with the National Guardianship Association’s Standards of Practice and Ethical Principles. Links to this information are below.
Official Court Forms and Other Useful Information
Information about the Court process for the appointment of a guardian, the rights of a person with a guardian, and how to contact the Courts with a complaint about a guardian, is available here: https://adultguardianship.nmcourts.gov/. This information includes:
Statutes and Rules Governing Guardianship / Conservatorship in New Mexico
For more information about the laws, regulations, and Rules of Court that apply to guardianship proceedings, check out the links below.
- Protection of Persons Under Disability and Their Property, NMSA 1978, Sections 45-5-101 through -617
- Office of Guardianship Act: NMSA 1978, Sections 28-16B-1 through -7
- NM Administrative Code, Title 9 – Human Rights, Part 21: Guardianship Services TITLE 9, Chapter 4, Part 21, 9.4.21 NMAC
- Rules of Civil Procedure