Guardianship for an incapacitated person shall be used only as is necessary to promote and to protect the well being of the person, shall be designed to encourage the development of maximum self reliance and independence of the person and shall be ordered only to the extent necessitated by the person's actual functional mental and physical limitations. An incapacitated person for whom a guardian has been appointed retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted to the guardian by the court.
History: 1978 Comp., § 45-5-301.1, enacted by Laws 1989, ch. 252, § 4.
Structure New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Part 3 - GUARDIANS OF INCAPACITATED PERSONS
Section 45-5-301 - Appointment of guardian for incapacitated person; notice.
Section 45-5-301.1 - When guardianship is to be used.
Section 45-5-301.2 - Repealed.
Section 45-5-303 - Procedure for court appointment of a guardian of an incapacitated person.
Section 45-5-303.1 - Duties of guardian ad litem.
Section 45-5-304 - Findings; order of appointment.
Section 45-5-305 - Acceptance of appointment; consent to jurisdiction.
Section 45-5-306 - Death of protected person or guardian; incapacity of guardian.
Section 45-5-307 - Death, substitution, review and termination of guardianship.
Section 45-5-308 - Letters of guardianship.
Section 45-5-309 - Notices in guardianship proceedings.
Section 45-5-310 - Temporary guardians.
Section 45-5-311 - Who may be appointed guardian; priorities; qualifications.
Section 45-5-312 - General powers and duties of the limited guardian and guardian.
Section 45-5-313 - Proceedings subsequent to appointment; venue.