Venue for guardianship proceedings for an alleged incapacitated person is in the judicial district where the alleged incapacitated person resides or is present. If the alleged incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the judicial district in which that court sits.
History: 1953 Comp., § 32A-5-302, enacted by Laws 1975, ch. 257, § 5-302; 1993, ch. 301, § 2.
The 1993 amendment, effective July 1, 1993, inserted "alleged" in three places and made a minor stylistic change.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical dependents § 4; 49 C.J.S. Insane Persons § 12.
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Section 45-5-301.2 - Repealed.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.