§ Property PART 1 GENERAL PROVISIONS
§ 45-5-101 Definitions and use of terms
§ 45-5-102 Jurisdiction of subject matter; consolidation of proceedings
§ 45-5-103 Facility of payment or delivery
§ 45-5-104 Delegation of powers by parent or guardian
§ 45-5-105 Compensation and expenses
§ 45-5-107 Separate accounts and records
§ 45-5-108 Liability of guardian or conservator for act of individual subject to guardianship or conservatorship
§ 45-5-109 Voting rights
§ 45-5-110 Grievance against guardian or conservator
§ 45-5-201 Appointment and status of guardian of minor; general
§ 45-5-202 Parental appointment of guardian of minor
§ 45-5-203 Objection by minor of fourteen or older to parental appointment
§ 45-5-204 Court appointment of guardian of minor; conditions for appointment
§ 45-5-205 Court appointment of guardian of minor; venue
§ 45-5-206 Court appointment of guardian of minor; qualifications;
§ 45-5-207 Court appointment of guardian of minor; notice;
§ 45-5-208 Consent to service by acceptance of appointment; notice
§ 45-5-209 Powers and duties of guardian of minor
§ 45-5-210 Termination of appointment of guardian; general
§ 45-5-211 Proceedings subsequent to appointment; venue
§ 45-5-212 Resignation, removal and other post-appointment proceedings
§ 45-5-301 Appointment of guardian for incapacitated person; notice
§ 45-5-301.1 When guardianship is to be used
§ 45-5-302 Venue
§ 45-5-303 Procedure for court appointment of a guardian of an incapacitated person
§ 45-5-303.1 Duties of guardian ad litem
§ 45-5-304 Findings; order of appointment
§ 45-5-305 Acceptance of appointment; consent to jurisdiction
§ 45-5-306 Death of protected person or guardian; incapacity of guardian
§ 45-5-307 Death, substitution, review and termination of guardianship
§ 45-5-308 Letters of guardianship
§ 45-5-309 Notices in guardianship proceedings
§ 45-5-310 Temporary guardians
§ 45-5-311 Who may be appointed guardian; priorities; qualifications
§ 45-5-312 General powers and duties of the limited guardian and guardian
§ 45-5-313 Proceedings subsequent to appointment; venue
§ 45-5-314 Annual report; audits
§ 45-5-315 Consent to guardianship not permitted
§ 45-5-401 Conservatorship proceedings
§ 45-5-402 Protective proceedings; jurisdiction of affairs of protected persons
§ 45-5-402.1 Permissible court orders
§ 45-5-403 Venue
§ 45-5-404 Original petition for appointment of conservator
§ 45-5-404.1 Duties of guardian ad litem
§ 45-5-405 Notice in conservatorship proceedings
§ 45-5-405.1 Protective arrangements and single transactions authorized
§ 45-5-406 Guardianship and protective proceedings; request for notice; interested person
§ 45-5-407 Procedure for court appointment of a conservator
§ 45-5-408 Temporary conservators
§ 45-5-409 Annual report and account; audits
§ 45-5-410 Who may be appointed conservator; priorities
§ 45-5-411 Bond and terms; requirements of bonds
§ 45-5-413 Acceptance of appointment; consent to jurisdiction
§ 45-5-414 Compensation and expenses
§ 45-5-415 Death, substitution, review and termination of conservatorship
§ 45-5-416 Petitions for orders subsequent to appointment
§ 45-5-417 General duty of conservator
§ 45-5-418 Inventory and records
§ 45-5-420 Conservators; title by appointment
§ 45-5-421 Recording of conservator’s letters
§ 45-5-421.1 Letters of conservatorship
§ 45-5-422 Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions
§ 45-5-423 Persons dealing with conservators; protection
§ 45-5-424 Powers of conservator in administration
§ 45-5-425 Distributive duties and powers of conservator
§ 45-5-426 Consent to conservatorship; applicable laws
§ 45-5-427 Preservation of estate plan
§ 45-5-428 Claims against protected person; enforcement
§ 45-5-429 Individual liability of conservator
§ 45-5-430 Termination of proceeding
§ 45-5-431 Payment of debt and delivery of property to foreign conservator without local proceedings
§ 45-5-434 Registration of guardianship orders
§ 45-5-435 Registration of protective orders
§ 45-5-436 Effect of registration

Terms Used In New Mexico Statutes > Chapter 45 > Article 5

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • Decedent: A deceased person.
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Donee: The recipient of a gift.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Personal property: All property that is not real property.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.