New Mexico Statutes 45-5-207. Court appointment of guardian of minor; notice;
procedure.
Terms Used In New Mexico Statutes 45-5-207
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Venue: The geographical location in which a case is tried.
A. Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor is to be given by the petitioner in the manner prescribed by section 1-401 [45-1-401 N.M. Stat. Ann.] to:
(1) the minor, if he is fourteen or more years of age;
(2) the person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition; and
(3) any living parent of the minor.
B. Upon hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of Section 5-204 [45- 5-204 NMSA 1978] have been met and the best interests of the minor will be served by the requested appointment, it shall make the appointment. In other cases the court may dismiss the proceedings, or make any other disposition of the matter that will serve the best interests of the minor.
C. If necessary, the court may appoint a temporary guardian, with the status of a permanent guardian of a minor, but the authority of a temporary guardian shall not last longer than six months.
D. If, at any time in the proceeding, the court finds the minor is or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen years of age or older.