Children Laws

South Dakota Guardianship Law

South Dakota Guardianship Law

 
 
Frequently Asked Questions about South Dakota Guardianship
 
 
What is South Dakota guardianship?
 
 
When you obtain South Dakota guardianship, you will have a legally verifiable relationship with another person which gives you some agency over their personal affairs. Usually, guardianships are obtained for people who are unable to take care of themselves because they are ill or handicapped. Typical decisions which a guardian makes concern a person’s health care, living conditionals, and financial holdings.
 
 
Is there more than one type of South Dakota guardianship?
 
 
Yes, there are at least four types of South Dakota guardianship recognized by the state, including:
 
 
Limited Guardianship: The guardian maintains authority in only those areas of a person’s life which the court has judged them to be incapable of controlling. For instance, a limited guardian may be appointed to control someone’s healthcare decisions but not their finances.
 
 
Temporary Guardianship: In the event of a medical emergency, a temporary guardian can be appointed to have full-control of a person’s affairs but for a period of only 90 days.
 
 
Joint Guardianship:  South Dakota guardianship can be split between two or more individuals with equal claim to guardianship authority. For instance, the parents of a handicapped adult could be appointed joint guardians.
 
 
Full Guardianship: This is non-conditional authority over an ill or handicapped person’s affairs.
 
What is a conservatorship?
Just think of a conservatorship as a limited guardianship, in which the protected person’s finances are looked after by their limited guardian, but the guardian can make no other decisions. Conservatorship is strictly limited to this one area of authority, and it does not include the healthcare realm.
 
 
How do I obtain South Dakota guardianship?
If you want to apply for South Dakota guardianship over a loved one, you will first petition your county court with an outline demonstrating the need for guardianship and the exact parameters of the relationship requested. You will also need a statement of the protected person’s financial resources and a report from the physician, psychologist, or psychiatrist which will describe the protected person’s handicap and its effect.
 
 
Once you turn in these materials, a hearing will be scheduled. After a discussion with a judge concerning whether South Dakota guardianship is appropriate, the judge will reach a decision and their order will be followed.
 
 
Can I get help filing for South Dakota guardianship?
The best resource to help a person file for South Dakota guardianship is a family lawyer, who will fill out legal documents for you and present your case to the judge in as persuasive a manner as possible. These lawyers cost money, but the good news is that the Establishment Program exists to help family pay the costs of establishing guardianship.
 
 
As much as $500 is available to go toward paying your South Dakota guardianship lawyer. In order to apply, the protected person must be over 18 and a resident of South Dakota. They must also have a documented disability in South Dakota Code SDCL 27B-1-18 and be the first-time recipient of South Dakota guardianship.
 
 
 

Nebraska Guardianship Law

Nebraska Guardianship Law

 
 
Quick Guide to NE Guardianship 
 
 
Nebraska Guardianship Laws
 
 
The majority of laws addressing Nebraska guardianships are located in §30-2601 – 2661 of the state’s revised statutes.  These laws on NE guardianship will prove helpful, but the majority of information within this article is referenced form the following website under the state’s Judicial Branch: 
 
 
Requirements for Nebraska Guardianships
 
 
In order to file for Nebraska guardianship, a person over the age of 18 must make sure to submit multiple documents and fully qualify.  Procedures for Nebraska guardianships are extensive compared to some states, and the state will usually give preference to family members and other peers before anyone else in a NE guardianship. 
 
 
According to state law and the Judicial Branch, the following documents are required for Nebraska guardianships: 
 
 
1. A credit report from a credit reporting agency/business
 
 
2. An affidavit of Sex Offender Registry Search, and the registry can be found at the following link: https://www.nsp.state.ne.us/sor/find.cfm.  If the Nebraska guardianship is for a guardian out of state, the applicant should use their home state’s registry. 
 
 
3. A criminal history check and a Nebraska State Patrol Criminal History Reports for Arrest and Prosecution (RAP) sheet.
 
 
4. An Abuse, Neglect Registry check and clearance
 
 
All of the forms listed above must be submitted to the court 10 days before the Nebraska guardianship is approved.  Additionally, Nebraska guardianships often require educational classes before the person is appointed as guardian.  For more information, visit the information provided by the Judicial Branch.
 
 
How do I initially file for NE Guardianship?
 
 
In order to file for Nebraska guardianship, an applicant must submit a petition to their local county court before a trial is set up.  Complete information about all clerk magistrates in the state is listed here, and if you have questions about the Nebraska guardianship, you can contact the clerks with questions. 
 
 
What Responsibilities come with a NE Guardianship?
 
 
A person has numerous responsibilities within a Nebraska guardianship.  Apart from the responsibilities before the NE guardianship becomes official, a guardian will have to file their Order of Appointment and almost always submit an annual report.
 
 
An Order of Appointment for Nebraska guardianships is an oath the guardian takes after receiving NE guardianship rights.  The Order must be sent to all individuals who received a copy of the petition for the Nebraska guardianship.  
 
 
Additionally, an annual report for Nebraska guardianships usually requires the following information: 
 
 
description of the current health of the ward and the following;
 
 
living arrangements within the Nebraska guardianship
 
 
medical, educational, vocational, and other services provided to the ward
 
 
summary of your visits during the NE guardianship 
 
 
statement of whether you agree with the current plan
 
 
the need for extended Nebraska guardianship
 
 
other information the court may find useful
 
 
the compensation you requested for the NE guardianship, and other expenses you incurred
 
 
If guardians fail to meet their responsibilities or the court determines the ward can now take care of themselves, Nebraska guardianships may be terminated.  
 
 

Idaho Guardianship Law

Idaho Guardianship Law

 
 
What are Idaho Guardianship laws?
 
 
Idaho guardians of minor children are appointed by the state courts to care for children or the children’s assets. Any individual who is not an adoptive or biological parent or who does not have a child custody order filed against them may require a guardianship to care for the children, authorize medical care and enroll them in school. Idaho Guardians can include grandparents or any other close relatives. If the prospective child has substantial assets (over $5,000 as determined by Idaho Guardianship Laws) from working, inheritance, gifts etc., the Idaho guardian is awarded authorization to handle the youth’s state.
 
 
Idaho Guardianship Law: How is a Guardian Appointed?
 
 
Idaho guardianship laws permit courts to appoint Idaho guardians for unmarried minor children when parental rights of the biological Barents are terminated or when the child has been abused, neglected or abandoned. Moreover, Idaho guardianship laws permit courts to appoint an Idaho guardianship when the child’s biological parents are deemed financially, emotionally or mentally ill-equipped to care for the minor child. According to Idaho Guardianship law, abandonment refers to failing to care for or support the minor child for at least six months.  
 
 
ID Guardianship Law: How does the State Choose a Guardian?
 
 
ID Guardianship laws specifically state that advanced disabilities or age will not be weighed or viewed as a reason to refuse an Idaho guardianship so long as the potential Idaho guardianship can adequately care for the minor child. According to ID Guardianship law, a fit Idaho guardian who is named as guardian in a parent’s will possesses authority over others unless the Idaho guardian fails to accept the appointment within 30 days of the notice of an Idaho guardianship proceeding. 
 
 
Idaho Guardianship Law: Child Protective Act
 
 
The Child Protective Act is one of the most fundamental aspects of Idaho Guardianship Laws.  This aspect of ID Guardianship law states that the court can end a guardianship if the Idaho guardian fails to provide adequate care. An Idaho guardianship—according to ID guardianship   law—may be terminated if/when the child no longer needs a guardianship or the guardian is no longer able to care for the child. 
 
 
Idaho guardianship law declares that a child no longer needs an Idaho guardian when he/she turns 18 years of age, dies, marries, is adopted or is placed with another guardian or his/her biological parents. ID Guardianship laws are instituted and maintained by the state’s Department of Health and Welfare; this department will act as an interested party to any Guardianship proceedings involving minor children who are subject to the state’s Child Protective Act. In these cases, the Idaho Department of Health and Welfare will serve the court with all necessary documents to uphold Idaho Guardianship laws. 
 
 
Idaho Guardianship Law: How does the State Terminate a Guardianship?
 
 
According to Idaho Guardianship law, the court may end a Guardianship if the Idaho guardian fails to provide adequate care for the child. The Guardianship will also be terminated when the youth no longer needs a guardian or the guardian is no longer to provide the child with suitable care. 
 
 
If the Idaho guardian is not incapacitated, but wants to terminate the Guardianship, he or she—according to Idaho Guardianship laws—must petition the court and permit new guardians to be appointed. During this time, the Idaho Guardianship is still responsible for the minor child. If the Idaho Guardianship only applies to the minor child’s assets, the Idaho Guardianship will end if the child’s assets no longer belong to the youth. 
 
 

Mississippi Guardianship Law

Mississippi Guardianship Law

 
Quick Guide to Guardianships in MS
 
 
Mississippi Guardianship
 
 
Most laws concerning Mississippi guardianship are located in Chapter 13 of the state’s revised code.  For a complete listing of all Mississippi guardianship laws, visit the searchable code under the state’s judiciary.  
 
 
If you are thinking about becoming certified for Mississippi guardianships, you should be fully aware of all state law, and you’ll usually want to talk with a lawyer to understand your complete rights and responsibilities as a guardian.  
 
 
Eligibility Factors for Mississippi Guardianships
 
 
Any U.S. citizen in the state of Mississippi can qualify for MS guardianship except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a state citizen for MS guardianship, but a court will consider electing a nonresident if the action meets the best interests of the ward  
 
 
If the Mississippi guardianship involves a minor child, immediate preference is usually given to the parent unless the court appoints another person who is more qualified for the MS guardianship.  If there has been evidence of abuse or neglect from either parent within a home, preference will usually be given for another MS guardianship.    
 
 
Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Also, a guardian ad litem may help within a court proceeding to help the ward through the trial process (such as a lawyer helping a child within a child custody hearing).  
 
 
What are Specific Responsibilities within a MS Guardianship?
 
 
Mississippi guardianships require all of the following duties unless the type of MS guardianship is limited or instituted for the estate of the ward: 
 
 
providing care, comfort, and maintenance for the ward—sometimes including training and education 
 
 
the maintenance and care of the ward’s clothing, furniture, vehicle, and other personal property
 
 
helping the ward receive necessary medical treatment
 
 
helping the ward to become independent 
 
 
help the ward receive professional care, counseling, treatment, or any other related service
 
 
The court may also determine that the Mississippi guardianship requires the following responsibilities in some cases: 
 
 
changing the ward’s residence at request if the next living arrangement assists the ward more than the last living arrangement 
 
 
arranging for elected surgery or any other medical procedure 
 
 
consent for withdrawing or withholding life-sustaining procedures
 
 
The Mississippi guardianship may require the above responsibilities permanently if the ward is incapacitated for the rest of their life.  If the court awards temporary Mississippi guardianships, the responsibilities will end, for example, when the child turns 18.  
 
 
How do I file for a Mississippi Guardianships?
 
 
In order to file for Mississippi guardianships, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianship is in the best interests of the ward.  In order to see if you qualify for Mississippi guardianship rights, you’ll have to contact your local county court and obtain information about filing a petition.  
 
 

Iowa Guardianship Law

Iowa Guardianship Law

 
 
Quick Guide to Iowa Guardianships
 
 
Iowa Guardianship
 
 
Most laws concerning Iowa guardianships are located in Iowa Code Chapter 633.557.  For a complete listing of all Iowa guardianship laws, visit the updated searchable code under the Iowa Legislature.  
 
 
The majority of the information about an IA guardianship within this article is found under the Iowa State Association of Counties (ISAC).  For information to expand on this article.
 
 
Eligibility Factors for IA Guardianship
 
 
Any U.S. citizen in the state of Iowa can qualify for an IA guardianship except those that are mentally incompetent or determined unsuitable by the court.  A person usually has to be a citizen of Iowa, but a court will consider a nonresident if the circumstances are right.  
 
 
If the Iowa guardianship involves a minor child, immediate preference is given to the parent unless the court appoints another person who is more qualified.  Iowa Codes 633.559 and Iowa Code 633.571 discuss Iowa guardianships involving minor children.  
 
 
Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate.  Nonprofit regulations are covered in Iowa Code 633.63-64.  
 
 
What Iowa Guardianships are issued by the Court?
 
 
A court will establish an Iowa guardianship in three different ways:  
 
 
Limited Guardianship
 
 
The court will determine if a limited IA guardianship is necessary and appropriate while first establishing the guardianship, making modifications, or terminating the responsibilities all together.  The limited functions of such an Iowa guardianship are covered in Iowa Code 633.635.  
 
 
Stand-by Guardianship
 
 
These Iowa guardianships are rare.  They can only occur in certain circumstances, and a court must establish this type of IA guardianship as well.  
 
 
Temporary Guardianship
 
 
This type of IA guardianship is covered under Iowa Code 633.558 and only lasts for a specific period of time (e.g. When a minor turns 18).  
 
 
What are Specific Responsibilities of a Guardian?
 
 
Iowa guardianships require all of the following duties: 
 
 
providing care, comfort, and maintenance for the ward—sometimes including training and education 
 
 
the maintenance and care of the ward’s clothing, furniture, vehicle, and other personal property
 
 
helping the ward receive necessary medical treatment
 
 
helping the ward to become independent 
 
 
help the ward receive professional care, counseling, treatment, or any other related service
 
 
The court may also determine that the Iowa guardianship requires the following responsibilities in some cases: 
 
 
changing the ward’s residence at request if the next living arrangement restrict the ward’s liberties more 
 
 
arranging for elected surgery or any other medical procedure 
 
 
consent for withdrawing or withholding life-sustaining procedures
 
 
How do I file for an Iowa Guardianship?
 
 
In order to file for Iowa guardianships, you’ll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianships is in the best interests of the ward.  In order to find contact information and more valuable information about your local county court, call the ISAC at (515) 244-7181. 
 
 

Vermont Guardianship Law

Vermont Guardianship Law

 
 
A brief guide to Vermont guardianship
 
 
When a person's financial health is managed by another person, that means they are being helped by a custodian. In contrast, Vermont guardianships appoint people to look after the physical and mental well-being of another person who requires assistance. If this kind of VT guardianship involves an adult, there are four categories under which you may apply for this condition. A Vermont guardianship may be granted for someone who is:
 
 
• A mentally disabled adult under the age of 60
 
 
• A mentally disabled adult age 60 or older
 
 
• An adult with a developmental disability such as autism
 
 
• Someone who is voluntarily seeking someone to take on a Vermont guardianship to aid them
 
 
Regardless of the type of VT guardianship you are filing for, the process will be roughly the same in every instance. Vermont guardianship petitions will be filed with your local family court or the state attorney. A date will then be scheduled for a hearing to consider your application. Prior to Vermont guardianships hearings, the person in need of care will be examined by a medical professional to have their disabilities and needs examined. A judge will use this report as the basis of any decision to be made regarding a VT guardianship.
 
 
During hearings regarding Vermont guardianships, the person in need of care will be represented by an "attorney ad litem." It is this lawyer's job to ensure that any person appointed to look after their client has the time and patience necessary to care for a person in need of a great deal of assistance. In granting a Vermont guardianship, a judge may deem it to be on a "limited" basis and detail the rights of the person being cared for.
 
 
A year after being granted this VT guardianship, you will be required to submit a report to the court. In this document, you will detail any progress and developments made by the person under your care during your Vermont guardianship. The person being cared for may have their need for this type of aid reviewed at any time. This means that once appointed, Vermont guardianships do not automatically extend indefinitely.
 
 
In such cases, any person named in a living will as preferred for this position in case of injury or illness will be most likely to receive the person. However, a spouse, adult child or relative with whom the disabled person has lived for at least 6 months prior to any incident may also be considered for Vermont guardianships. 
 
 
Receiving a VT guardianship does not apply only to a person taking care of another adult. Adults in care of their own minor children are also acting in the role of a Vermont guardianship. At some point, you may have your right to this position removed by child protective services. Adults who have been appointed to Vermont guardianships of adopted children may choose to give up their status at any time. To ensure the best interests of minor children are looked after at all times, think carefully before taking on a VT guardianship.
 
 

North Dakota Guardianship Law

North Dakota Guardianship Law

 
 
A brief guide to North Dakota guardianship
 
 
Children who have no one to care for them, as well as mentally or physically incapacitated adults, require care from responsible adults. While custodians look after such people's finances, North Dakota guardianships are appointed to ensure that their physical and mental wellbeing is also being looked after. This position entails a great deal of responsibility and is not to be undertaken lightly. Additionally, obtaining a North Dakota guardianship is a lengthy process with many steps.
 
 
It is advisable to create a living will documenting your wishes on this subject. A person who has been named in this document as your preferred choice for a North Dakota guardianship in case of injury will be given preference when this position is being considered. If no living will has been created, the court system will consider several alternatives. An adult child, parent or relative with whom a person has lived for at least six months prior to any accident is also eligible for North Dakota guardianships. Parents who are relinquishing custody of their child will have their wishes regarding this position given priority.
 
 
Regardless of the person who is seeking a North Dakota guardianship, they must pursue this position through the court system. The legal system will begin considering the situation when a petition is filed by the person who wishes to be appointed. A doctor will examine the person who requires care from someone appointed to a North Dakota guardianship and issue a report detailing their needs. Before hearing any case, a judge will review this document and make it the foundation of their decision.
 
 
In court, the person needing care will be represented by an "attorney ad litem." This lawyer's job will be to ensure that any North Dakota guardianships which are appointed are in their client's best interests. Among other things, this means that a person appointed to this position must be patient and capable of devoting as much time and energy as necessary to their ward's needs. In cases where North Dakota guardianships are being considered for a child, it is vital that any person who is appointed be on good terms with the minor and able to communicate with them.
 
 
Should you be appointed to this position, you have the right to receive an inventory from your ward's custodian of all their financial and property resources. People who are appointed to North Dakota guardianships may also take on this role if they feel they are capable of executing both positions. You will be required to submit regular reports to the court regarding any developments in the health of the person in your care.
 
 
Successfully being appointed to a North Dakota guardianship will involve many interactions with the legal system. In addition, it may require a significant financial commitment on your part. When seeking North Dakota guardianships, it is advisable to consult with a lawyer who can help you to understand what kind of timeline you can expect from the law's handling of your case.
 
 

Texas Guardianship Law

Texas Guardianship Law

 
A Quick Guide to Texas Guardianship 
 
 
Texas Guardianships and the Law
 
 
Texas guardianship is offered to a court-administered person in order to take care of a minor or incapacitated person or their property.  The incapacitated person is referred to as the ward, and there are two different kinds of Texas guardianship.  
 
 
Under Texas law, a person who takes care of a minor or other person is called the guardian of the person and person who takes care of property is call the guardian of the estate.  In order to maintain Texas guardianships, the minor must be under the age of 18, must not be married, or has not had their minor status or disability removed by the court.  
 
 
In order to take care of an adult under Texas guardianship laws, the person must have a physical or mental condition that prohibits or greatly restricts them from providing food, clothing, and shelter for themselves.  If you need more information on Texas guardianship, you can find more information about who will qualify for guardianship and the procedure in TX.  
 
 
Who will be appointed guardian in Texas?
 
 
Texas guardianships are provided to people in a top-down approach because the court will give preference to family before anyone else.  If the ward is a minor, the court will guardianship in the following order: 
 
 
1. parents
 
 
2. a person the last surviving parent designates for guardianship 
 
 
3. the nearest ascendant to the child after the parents (usually grandparents or aunts and uncles) 
 
 
4. kin
 
 
5. a non-relative that the court determines will satisfy as an appropriate guardian 
 
 
If the ward is an adult, Texas guardianship will be granted in the following order: 
 
 
 
1. the person designated by the ward prior to the incapacity to have Texas guardianship 
 
 
2. the ward’s spouse
 
 
3. next of kin 
 
 
4. a non-relative 
 
 
If more than one person qualifies for Texas guardianships, the court will decide who meets the most qualifications.  
 
 
The Texas Guardianship Process
 
 
The state is very strict when determining Texas guardianships.  The state will usually recommend that a party hire a family law attorney in order to help them with the Texas guardianship process because it is often very complicated. 
 
 
Some general steps are listed below, and you should ask a lawyer for any other steps you should take: 
 
 
1. The incapacity of the person must be proved unless the part is a minor.  In order to prove incapacity, the court must usually obtain certificate form a doctor who examined the person.  
 
 
2. After incapacity is determined, Texas guardianships are then started with the filing of a certificate that can be both long and detailed.  You should always have a lawyer help with the certificate, and this form must usually be filled out 120 days after the application for guardianship was filed.  
 
 
3. After the certificate has been submitted, an attorney ad litem will be assigned to the incapacitated person in order to protect their civil rights and establish specific rights under the Texas guardianship.  
 
 
4. If Texas guardianships are approved, Letters of Guardianship are issued on the ward and will expire in 16 months unless the guardian renews the letters.  
 
 

Michigan Guardianship Law

Michigan Guardianship Law

 
 
Michigan Guardianship Law and Procedure 
 
 
Michigan Guardianship Law
 
 
General Michigan guardianships are described under the MI Constitution in section 700.5204.  The statutes states:
 
 
“A person interested in the welfare of a minor, or a minor if 14 years of age or older, may petition for the appointment of a guardian of the minor.  The court may order the Department of Human Services or a court employee or agent of the court to conduct an investigation of the proposed guardianship and file a written report of the investigation.”
 
 
Of course, Michigan guardianship is offered for the protection and guidance of an estate if the ward is older, but for the sake of convenience, this article will mainly cover law and procedure for the appointment of a guardian for a minor.  For more information, visit the link
 
 
Establishing Michigan Guardianships
 
 
The state will normally give preference to relatives, a parent, or friends of the Department of Human Services caseworkers when parental rights have been terminated by the court or the parent allows the minor to live with another person voluntarily.  
 
 
The court never allows a person or family with a criminal background to have guardianship rights, and individuals who show a weak financial history will not be considered either.  However, in order for a qualified person or family to file for Michigan guardianship, they must take a variety of steps.  
 
 
Filing the Petition
 
 
A prospective guardian must first file a petition to the Department of Human Services describing why they believe they are the best guardian for the child, financial information and more.  After the petition is filed, the court may grant temporary guardianship to a qualified individual for more than 60 days before the court hearing.  
 
 
In this waiting period, a social services worker will conduct a home study that will look into the best interests of the minor under Section 15.12 of the Michigan Child Welfare Act.  Also, the individual or family seeking Michigan guardianships needs to establish a placement plan.  The court will review this plan to establish the Michigan guardianship, and factors of such a document can be found under 15.5.2 of the MI Child Welfare Act.  
 
 
Court Review
 
 
During court reviews of Michigan guardianships, the court will examine the placement plan, any court structured plans, and more.  Ultimately, the court wants to determine if the individual seeking a Michigan guardianship can provide for the minor for an extended period of time and whether the placement is best for the child.  
 
 
If Michigan guardianships are approved by the court, the minor will live with the guardian for any period of time depending on whether the guardianship is temporary or permanent.  
 
 
Termination of the Michigan Guardianship
 
 
Procedures and determinations for the termination of Michigan guardianships are described in Section 15.10 of the Michigan Child Welfare Act.  Some examples include the parents again qualifying for custodial rights with approval of the court, or the child turning 18 and having the right to make decisions on their own.  
 
 

New Mexico Guardianship Law

New Mexico Guardianship Law

 
 
Quick Guide to New Mexico Guardianship
 
 
New Mexico Guardianship
 
 
Different areas of New Mexico guardianship law address guardianship for minors and adults.  These laws can be found under the state legislature at the following link
 
 
The majority of information about New Mexico guardianship law within this article is referenced from the following revised document under the NM Guardianship Association:
 
 
Who is Eligible for New Mexico Guardianship?
 
 
According to New Mexico guardianship law, a guardian must be at least over the age of 18, and the state will usually give preference to family members before anyone else for a NM guardianship.  
 
 
A New Mexico guardianship will never be granted to convicted felon or person who has been determined as incompetent.  The party will have to testify in front of a judge as to why they believe the NM guardianship is best for the interests of the ward.  
 
 
How do I Register for New Mexico Guardianship?
 
 
In order to petition for guardianship under New Mexico guardianship law, you’ll have to file a petition with your district’s court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the NM guardianship is in the best interests of the ward.  For a list of New Mexico courts, click on the link
 
 
You can find a complete list of all forms you may need under New Mexico guardianship law while registering for NM guardianship in the appendix of the report from the New Mexico Guardianship Association.  
 
 
Most Common Types of New Mexico Guardianship
 
 
There are numerous types of guardianships allowed under New Mexico guardianship law, and the two most common types of NM guardianship (beside conservatorships) are explained below.  
 
 
1. Temporary Guardianship – if a court decides you are entitled to temporary NM guardianship rights under New Mexico guardianship law, your rights as a guardian will only last for 60 days unless the court decides the temporary guardianship should last longer.  Additionally, a temporary New Mexico guardianship only gives the guardian limited rights, and the guardian should never move the ward from their property without approval from the court.  
 
 
2. Permanent Guardianship – if the court has granted a permanent NM guardianship under New Mexico guardianship law, the guardian will have specific responsibilities in taking care of the ward.  For example, the permanent guardian will usually make decisions about the ward’s personal care, their placement within a certain residence, medical decisions, and more depending on if the guardianship is limited or not.  
 
 
These are not the only types of New Mexico guardianship, but only some of the more common types within the state of NM.  
 
 
Basic Steps to take after becoming Guardian
 
 
After you have qualified under New Mexico guardianship law and a judge has appointed you, you will want to obtain your letter of guardianship right away.  These letters prove you are the guardian and you can provide copies to people such as doctors or insurance companies.  
 
 
Next, you should notify all people who are associated with the ward of the New Mexico guardianship.  Last, you’ll want to make plans for all of the ward’s needs you are responsible for and plans you need to take in certain situations like medical emergencies.