2006 New Mexico Statutes - 45-5-307 — Death, removal or resignation of guardian; termination of guardianship.

45-5-307. Death, removal or resignation of guardian; termination of guardianship.

A.     On the petition of the incapacitated person or any person interested in his welfare and upon notice and hearing, the court may remove a guardian and appoint a successor if it is in the best interest of the incapacitated person.   

B.     Upon death, removal or resignation of a guardian, the court may appoint another guardian or make any other order that may be appropriate.  If a successor guardian is appointed, he succeeds to the title and powers of his predecessor.   

C.     The incapacitated person or any person interested in his welfare may petition for an order that he is no longer incapacitated and for removal or resignation of the guardian. A request for this order may be made by informal letter to the court or judge.  Any person who knowingly interferes with transmission of this kind of request to the court may be adjudged guilty of contempt of court.   

D.     Unless waived by the court upon the filing of a petition to terminate a guardianship for reasons other than the death of the incapacitated person, the court shall follow the same procedures to safeguard the rights of the incapacitated person as those that apply to a petition for appointment of a guardian, as set forth in Section 45-3-303 NMSA 1978.