US Laws, Codes, Statutes & Cases

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

A.     Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action belonging to a protected person, may pay or deliver to a conservator, guardian of the estate or other like fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of his appointment and an affidavit made by him stating that:   

(1)     no protective proceeding relating to the protected person is pending in New Mexico; and   

(2)     the foreign conservator is entitled to payment or to receive delivery.   

B.     If the person to whom the affidavit is presented pursuant to Subsection A of this section is not aware of any protective proceeding pending in New Mexico, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.