A. On filing of a petition under Section 45-5-303 N.M. Stat. Ann. for appointment of a guardian for an alleged incapacitated person, the court shall set a date, time and place for hearing the petition.

Terms Used In New Mexico Statutes 45-5-309

  • 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.

B. A copy of a petition under Section 45-5-303 N.M. Stat. Ann. and notice of a hearing on the petition shall be served personally on the alleged incapacitated person. The notice shall inform the alleged incapacitated person of the alleged incapacitated person’s rights at the hearing and the right to attend the hearing. The notice shall include a description of the nature, purpose and consequences of granting the petition. The court shall not grant the petition if notice substantially complying with this subsection is not served on the alleged incapacitated person.

C. In a proceeding on a petition under Section 45-5-303 N.M. Stat. Ann., the notice required under Subsection B of this section shall be given to the persons required to be listed in the petition under Section 45-5-303 N.M. Stat. Ann. and any other person interested in the alleged incapacitated person’s welfare that the court determines. Failure to give notice under this subsection does not preclude the court from appointing a guardian.

D. After the appointment of a guardian, notice of a hearing on a petition for any order under Part 3 of N.M. Stat. Ann. Chapter 45, Article 5, together with a copy of the petition, shall be given to:

(1)     the protected person subject to guardianship; (2)     the guardian; and

(3)     any other person the court determines.

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