New Mexico Statutes 45-5-410. Who may be appointed conservator; priorities
A. The court may appoint an individual, or a corporation with general power to serve as trustee, as conservator of the incapacitated person. The following are entitled to consideration for appointment in the order listed:
Terms Used In New Mexico Statutes 45-5-410
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiduciary: A trustee, executor, or administrator.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Trustee: A person or institution holding and administering property in trust.
(1) a conservator, guardian of property or other like fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the incapacitated person resides;
(2) a person, as far as known or as can be reasonably ascertained, previously nominated or designated in a writing signed by the incapacitated person prior to incapacity that has not been revoked by the incapacitated person or terminated by a court. This includes writings executed under the Uniform Health-Care Decisions Act, the Mental Health Care Treatment Decisions Act, the Uniform Power of Attorney Act, the Uniform Probate Code and the Uniform Trust Code;
(3) the spouse of the incapacitated person; (4) an adult child of the incapacitated person;
(5) a parent of the incapacitated person or a person nominated by the will of a deceased parent;
(6) any relative of the incapacitated person with whom the incapacitated person has resided for more than six months prior to the filing of the petition;
(7) a person nominated by the person who is caring for the incapacitated person or paying benefits to the incapacitated person; and
(8) any other person.
B. A person under the priorities of Paragraph (1), (2), (3), (4), (5) or (6) of Subsection A of this section may nominate in writing a person to serve in the person’s stead. With respect to persons having equal priority, the court shall select the one who is best qualified of those willing to serve.
C. The court, for good cause, may pass over a person having priority and appoint a person having lesser priority under this section and shall take into consideration:
(1) the preference of the incapacitated person;
(2) the geographic location of the proposed conservator;
(3) the relationship of the proposed conservator to the incapacitated person; (4) the ability of the proposed conservator to carry out the powers and duties of the conservatorship; and
(5) potential financial conflicts of interest between the incapacitated person and the proposed conservator.
D. A professional conservator shall not serve or be appointed as a conservator of the protected person unless the professional conservator is certified and is in good standing with a national or state organization recognized by the supreme court that provides professional certification for conservators.