The protected person, his personal representative, the conservator or any other person interested in the welfare of a person for whom a conservator has been appointed may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. The court, upon finding after notice and hearing that the minority or disability of the protected person has ceased, may terminate the conservatorship. Upon termination, title to assets of the estate passes to the former protected person or to his successors, subject to provision in the order for expenses of administration or to conveyances from the conservator to the former protected person or his successors, to evidence the transfer.
History: 1953 Comp., § 32A-5-430, enacted by Laws 1975, ch. 257, § 5-430.
Compiler's notes. — This section includes within its scope some of the functions of former 32-2-9, 1953 Comp.
Cross references. — For definition of "disability", see 45-5-101 NMSA 1978.
For age of majority, see 12-2A-3 and 28-6-1 NMSA 1978.
Protected person's change of will. — A conservator who believes the protected person legitimately wants to change the protected person's will, is not required to either: (1) petition to terminate the conservatorship under 45-5-430 NMSA 1978; or (2) seek instruction from the appointing court pursuant to 45-5-416 NMSA 1978; while either of these may be a legitimate procedure, neither is required by the Uniform Probate Code before a person whose property is under a conservatorship is entitled to execute a will. Lucero v. Lucero, 1994-NMCA-128, 118 N.M. 636, 884 P.2d 527.
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 §§ 49 to 52; 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 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 45-5-404 - 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 45-5-420 - Conservators; title by appointment.
Section 45-5-421 - Recording of conservator's letters.
Section 45-5-421.1 - Letters of conservatorship.
Section 45-5-423 - 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 45-5-434 - Registration of guardianship orders.