A. If the court determines that an interest is not represented under Chapter 45 NMSA 1978, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent and otherwise represent, bind and act on behalf of a minor, incapacitated or unborn person, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.
B. A representative may act on behalf of the person represented with respect to any matter arising under the Uniform Probate Code, whether or not a judicial proceeding concerning the estate is pending.
C. In making decisions, a representative may consider the general benefit accruing to the living members of the person's family.
History: 1978 Comp., § 45-1-403.5, enacted by Laws 2016, ch. 69, § 708.
Effective dates. — Laws 2016, ch. 69, § 727A made Laws 2016, ch. 69, §§ 701 through 723 effective July 1, 2016.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 1 - Uniform Probate Code
Part 4 - NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS
Section 45-1-401 - Notice; method and time of giving.
Section 45-1-402 - Notice; waiver.
Section 45-1-403.1 - Representation; basic effect.
Section 45-1-403.2 - Representation by holder of general testamentary power of appointment.
Section 45-1-403.3 - Representation by fiduciaries and parents.
Section 45-1-403.4 - Representation by person having substantially identical interest.