The authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or protected person, the determination of incapacity of the guardian or upon removal or resignation as provided in Section 45-5-307 NMSA 1978. Upon the death of the protected person, the guardian shall submit notice to the appointing court. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect the guardian's liability for prior acts nor the guardian's obligation to account for funds and assets of the guardian's protected person.
History: 1953 Comp., § 32A-5-306, enacted by Laws 1975, ch. 257, § 5-306; 2009, ch. 159, § 35.
The 2009 amendment, effective June 19, 2009, deleted "ward" and added "protected person"; and added the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 49 C.J.S. Insane Persons § 45.
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Section 45-5-301.2 - Repealed.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.