New Mexico Statutes
Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
Section 45-5-401 - Conservatorship proceedings.

Upon petition and after notice and hearing in accordance with the provisions of the [Uniform] Probate Code, the court may appoint a conservator as follows:
A. appointment of a conservator may be made in relation to the estate and financial affairs of a minor if the court determines that:
(1) a minor owns property that requires management or protection that cannot otherwise be provided;
(2) a minor has or may have financial affairs that may be jeopardized or prevented by his minority; or
(3) funds are needed for a minor's support and education and that protection is necessary or desirable to obtain or provide funds; and
B. appointment of a conservator may be made in relation to the estate and financial affairs of a person for reasons other than minority if the court finds that the person has property that may be wasted or dissipated unless proper management is provided; that funds are needed for the support, care and welfare of the person or those entitled to be supported by him; that protection is necessary or desirable to obtain or provide funds; and that:
(1) the person is incapacitated; or
(2) the person is unable to manage his estate and financial affairs effectively for reasons such as confinement, detention by a foreign power or disappearance.
History: 1953 Comp., § 32A-5-401, enacted by Laws 1975, ch. 257, § 5-401; 1987, ch. 12, § 2; 1989, ch. 252, § 16; 1993, ch. 301, § 12.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — This section includes within its scope some of the functions of former 32-2-1 and 32-2-3, 1953 Comp.
The 1993 amendment, effective July 1, 1993, in Subsection A, inserted "financial" in the introductory paragraph, substituted "financial" for "business" in Paragraph (2) and made minor stylistic changes; and rewrote Subsection B.
The 1989 amendment, effective June 16, 1989, substituted "Conservatorship" for "Protective" in the section heading; deleted "or make other protective order for cause" following "conservator" in the undesignated introductory paragraph; in Subsection A deleted "or other protective order" following "conservator" in the introductory paragraph; and in Subsection B deleted "or other protective order" following "conservator" in the introductory paragraph and substituted "property or financial affairs, or both" for "the estate and affairs" in that paragraph, added present Paragraph (1), redesignated former Paragraph (1) as Paragraph (2) while substituting therein "financial affairs effectively for reasons such as confinement" for "affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement", and redesignated former Paragraph (2) as Paragraph (3) while substituting "and" for "or" near the middle of that paragraph.
Conservatorship does not automatically preclude mental capacity for will. — The Uniform Probate Code carefully separated the disability that is the basis for conservatorship from the incapacity necessitating guardianship; therefore, a testatrix, although a conservator of her property had been appointed, could have the requisite mental capacity and knowledge to execute a will. Lucero v. Lucero, 1994-NMCA-128, 118 N.M. 636, 884 P.2d 527.
Costs of administration. — The cost to prepare a transcript for an appeal taken in good faith is an administrative expense and is chargeable against the ward's estate. In re Pulver, 1994-NMCA-024, 117 N.M. 329, 817 P.2d 985, cert. denied, 117 N.M. 524, 873 P.2d 270.
Law reviews. — For article, "The Family Legal Check-Up: A Guide to Planning and Drafting Wills for Middle-Income Couples with Minor Children," see 8 N.M.L. Rev. 171 (1978).
For note, "Tort Law Either the Parents or the Child May Claim Compensation for the Child and Medical and Non-Medical Damages: Lopez v. Southwest Community Health Services," see 23 N.M. L. Rev. 373 (1993).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of natural guardian to custody or control of infant's property, 6 A.L.R. 115.
Necessity and sufficiency of notice to alleged incompetent of application for appointment of guardian or committee, 23 A.L.R. 594.
Constitutionality of statute making physical disability ground for appointment of guardian of person or property, 30 A.L.R. 1381.
Remedy for conservation of property of alleged incompetent prior to his adjudication as such, 107 A.L.R. 1392.
Construction and application of statute prescribing that notice of petition or hearing for appointment of guardian be of such nature or be given to such persons as court deems reasonable or proper, 109 A.L.R. 338.
Contract in consideration of renunciation of one's status, or right to appointment, as guardian, executor, administrator, trustee or other fiduciary, as contrary to public policy, 121 A.L.R. 677.
Mental condition which will justify the appointment of guardian, committee or conservator of the estate for an incompetent or spendthrift, 9 A.L.R.3d 774.
14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward §§ 9, 10; 49 C.J.S. Insane Persons § 11.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 45 - Uniform Probate Code

Article 5 - Protection of Persons Under Disability and Their Property

Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS

Section 45-5-401 - Conservatorship proceedings.

Section 45-5-402 - Protective proceedings; jurisdiction of affairs of protected persons.

Section 45-5-402.1 - Permissible court orders.

Section 45-5-403 - Venue.

Section 45-5-404 - Original petition for appointment of conservator.

Section 45-5-404.1 - Duties of guardian ad litem.

Section 45-5-405 - Notice in conservatorship proceedings.

Section 45-5-405.1 - Protective arrangements and single transactions authorized.

Section 45-5-406 - Guardianship and protective proceedings; request for notice; interested person.

Section 45-5-407 - Procedure for court appointment of a conservator.

Section 45-5-408 - Temporary conservators.

Section 45-5-409 - Annual report and account; audits.

Section 45-5-409.1 - Repealed.

Section 45-5-410 - Who may be appointed conservator; priorities.

Section 45-5-411 - Bond and terms; requirements of bonds.

Section 45-5-413 - Acceptance of appointment; consent to jurisdiction.

Section 45-5-414 - Compensation and expenses.

Section 45-5-415 - Death, substitution, review and termination of conservatorship.

Section 45-5-416 - Petitions for orders subsequent to appointment.

Section 45-5-417 - General duty of conservator.

Section 45-5-418 - Inventory and records.

Section 45-5-419 - Repealed.

Section 45-5-420 - Conservators; title by appointment.

Section 45-5-421 - Recording of conservator's letters.

Section 45-5-421.1 - Letters of conservatorship.

Section 45-5-422 - Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions.

Section 45-5-423 - Persons dealing with conservators; protection.

Section 45-5-424 - Powers of conservator in administration.

Section 45-5-425 - Distributive duties and powers of conservator.

Section 45-5-426 - Consent to conservatorship; applicable laws.

Section 45-5-427 - Preservation of estate plan.

Section 45-5-428 - Claims against protected person; enforcement.

Section 45-5-429 - Individual liability of conservator.

Section 45-5-430 - Termination of proceeding.

Section 45-5-431 - Payment of debt and delivery of property to foreign conservator without local proceedings.

Section 45-5-432 - Repealed.

Section 45-5-433 - Repealed.

Section 45-5-434 - Registration of guardianship orders.

Section 45-5-435 - Registration of protective orders.

Section 45-5-436 - Effect of registration.