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.