New Mexico Statutes
Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
Section 45-5-405 - Notice in conservatorship proceedings.

A. On filing of a petition under Section 45-5-404 NMSA 1978 for appointment of a conservator, the court shall set a date, time and place for a hearing on the petition.
B. A copy of a petition under Section 45-5-404 NMSA 1978 and notice of a hearing on the petition shall be served personally on the alleged incapacitated person. If the alleged incapacitated person's whereabouts are unknown or personal service cannot be made, service on the alleged incapacitated person shall be made as provided in Section 45-1-401 NMSA 1978. The notice shall inform the alleged incapacitated person of the alleged incapacitated person's rights at the hearing and the right to attend the hearing. The notice also shall include a description of the nature, purpose and consequences of granting the petition. The court shall not grant a petition for appointment of a conservator if notice substantially complying with this subsection is not served on the alleged incapacitated person.
C. In a proceeding on a petition under Subsection B of this section, the notice required shall be given to the persons required to be listed in the petition under Section 45-5-404 NMSA 1978 and any other person interested in the alleged incapacitated person's welfare the court determines. Failure to give notice under this subsection does not preclude the court from appointing a conservator.
D. After the appointment of a conservator, notice of a hearing on a petition for an order under Part 4 of Chapter 45, Article 5 NMSA 1978, together with a copy of the petition, shall be given to:
(1) the protected person subject to conservatorship if the protected person is not missing, detained or unable to return to the United States;
(2) the conservator; and
(3) any other person the court determines.
History: 1953 Comp., § 32A-5-405, enacted by Laws 1975, ch. 257, § 5-405; 1989, ch. 252, § 19; 1993, ch. 301, § 15; 2018, ch. 10, § 9.
The 2018 amendment, effective July 1, 2018, rewrote the notice requirements for the appointment of a conservator; and deleted former Subsections A through D, and added new Subsections A through D.
Applicability. — Laws 2018, ch. 10, § 16 provided that the provisions of Laws 2018, ch. 10, §§ 1 through 14 apply to:
A. a proceeding for appointment of a guardian or conservator or for a protective arrangement instead of guardianship or conservatorship commenced on or after July 1, 2018; and
B. a guardianship, conservatorship or protective arrangement instead of guardianship or conservatorship in existence on June 30, 2018 unless the court finds application of a particular provision of this act would substantially interfere with the effective conduct of the proceeding or prejudice the rights of a party, in which case the particular provision of this act does not apply and the superseded law applies.
The 1993 amendment, effective July 1, 1993, rewrote this section to the extent that a detailed comparison is impracticable.
The 1989 amendment, effective June 16, 1989, added "of petition; waivers" to the section heading; in Subsection A substituted "the person for whom a conservator is sought" for "or other protective order, the person to be protected" near the beginning of the first sentence and inserted near the middle of that sentence "and a copy of the petition and any interim orders that may have been entered", and substituted the present language of the second sentence for "Waiver by a person to be protected is not effective unless he attends the hearing, or unless minority is the reason for the proceeding, waiver is confirmed in an interview with the visitor appointed by the court"; added present Subsection B; redesignated former Subsection B as Subsection C, while deleting in the first sentence thereof "or other initial protective order" following "conservator"; and made minor stylistic changes throughout the section.
No jurisdiction where statutory requirements not fulfilled. — Where, in the proceeding under former 31-7-14, 1953 Comp., there were no parties defendant even though the statute specifically stated that the widow and the minors "shall" be made parties defendant, and there was never any service obtained upon the minor heirs of decedent, as no summons was issued even though the statute provided "summons shall issue," the district court failed to obtain jurisdiction of the parties or the subject matter. Bonds v. Joplin's Heirs, 1958-NMSC-095, 64 N.M. 342, 328 P.2d 597 (decided under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward §§ 23, 24; 49 C.J.S. Insane Persons § 40.