As used in the Probate Code [Chapter 45 NMSA 1978] the term "incapacitated person" means any person who demonstrates over time either partial or complete functional impairment by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he is unable to manage his personal care or he is unable to manage his property and financial affairs.
History: Laws 1925, ch. 22, § 1; C.S. 1929, § 85-301; 1941 Comp., § 19-613; 1953 Comp., § 21-6-13; Laws 1975, ch. 257, § 8-110; 1989, ch. 252, § 1.
The 1989 amendment, effective June 16, 1989, substituted "demonstrates over time either partial or complete functional impairment" for "is impaired", deleted "advanced age", following "disability", and substituted all of the present language following "minority" for "to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person or management of his affairs".
Structure 2021 New Mexico Statutes
Section 38-4-2 - [Several persons liable on contract, judgment or statute; parties defendant.]
Section 38-4-5 - [Suits against partners; joinder; enforcement of judgment; service of process.]
Section 38-4-6 - [Married woman.]
Section 38-4-7 - Infant; suits between spouses.
Section 38-4-8 - [Infants; bond of next friend.]
Section 38-4-9 - Costs in suit brought by certain representatives of infant.
Section 38-4-10 - Guardian ad litem for infant defendant.
Section 38-4-11 - Failure to apply for appointment of guardian ad litem.
Section 38-4-12 - Liability of guardian ad litem for costs.
Section 38-4-13 - Definition of "infant" as used in Sections 38-4-7 through 38-4-12 NMSA 1978.
Section 38-4-14 - Incapacitated person; definition.
Section 38-4-15 - Appointment of guardian ad litem to defend suit.
Section 38-4-16 - Compromise by guardian ad litem.