A. The parent of an unmarried minor may appoint a guardian for the minor by will, or other writing signed by the parent and attested by at least two witnesses.
B. Subject to the right of the minor under Section 45-5-203 NMSA 1978, if both parents are dead or incapacitated or the surviving parent has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes effective when the guardian's acceptance is filed in the court in which a nominating instrument is probated, or, in the case of a non-testamentary nominating instrument, in the court at the place where the minor resides or is present. If both parents are dead, an effective appointment by the parent who died later has priority.
C. A parental appointment effected by filing the guardian's acceptance under a will probated in the state of the testator's domicile is effective in this state.
D. Upon acceptance of appointment, the guardian shall give written notice of acceptance to the minor and to the person having the minor's care or the minor's nearest adult relative. If the minor is fourteen years of age or older, the notice shall state that the appointment may be terminated by filing a written objection in the court, as provided in Section 45-5-203 NMSA 1978.
History: 1953 Comp., § 32A-5-202, enacted by Laws 1975, ch. 257, § 5-202; repealed and reenacted by Laws 1995, ch. 210, § 51.
Repeals and reenactments. — Laws 1995, ch. 210, § 51 repealed 45-5-202 NMSA 1978, as enacted by Laws 1975, ch. 257, § 5-202, relating to testamentary appointment of guardian of minor, and enacted a new section, effective July 1, 1995.
Compiler's notes. — This section is similar to former 32-1-5, 1953 Comp.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Power of parent to appoint testamentary guardian for adult imbecile child, 24 A.L.R. 1458.
Domicile of infant on death of both parents; doctrine of natural guardianship, 32 A.L.R.2d 863.
39 C.J.S. Guardian and Ward § 15.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Section 45-5-201 - Appointment and status of guardian of minor; general.
Section 45-5-202 - Parental appointment of guardian of minor.
Section 45-5-203 - Objection by minor of fourteen or older to parental appointment.
Section 45-5-204 - Court appointment of guardian of minor; conditions for appointment.
Section 45-5-205 - Court appointment of guardian of minor; venue.
Section 45-5-205.1 - Recompiled.
Section 45-5-207 - Court appointment of guardian of minor; notice; procedure.
Section 45-5-208 - Consent to service by acceptance of appointment; notice.
Section 45-5-209 - Powers and duties of guardian of minor.
Section 45-5-210 - Termination of appointment of guardian; general.
Section 45-5-211 - Proceedings subsequent to appointment; venue.
Section 45-5-212 - Resignation, removal and other post-appointment proceedings.