2006 New Mexico Statutes - 45-5-311 — Who may be appointed guardian; priorities.

45-5-311. Who may be appointed guardian; priorities.

A.     Any person deemed to be qualified by the court may be appointed guardian of an incapacitated person, except that no individual who operates or is an employee of a boarding home, residential care home, nursing home, group home or other similar facility in which the incapacitated person resides may serve as guardian for the incapacitated person, except an employee may serve in such capacity when related by affinity or consanguinity.   

B.     Persons who are not disqualified have priority for appointment as guardian in the following order:   

(1)     a guardian or other like fiduciary appointed by the appropriate court of any other jurisdiction;   

(2)     any person previously nominated to serve as guardian in a writing signed by the incapacitated person prior to his incapacity;   

(3)     the spouse of the incapacitated person;   

(4)     an adult child of the incapacitated person;   

(5)     a parent of the incapacitated person, including a person nominated by will or other writing signed by a deceased parent;   

(6)     any relative of the incapacitated person with whom he has resided for more than six months prior to the filing of the petition;   

(7)     a person nominated by the person who is caring for the incapacitated person or paying benefits to him; and   

(8)     any other person.   

C.     With respect to persons having equal priority, the court shall select the person it considers best qualified to serve as guardian.  The court, acting in the best interest of the incapacitated person, may pass over a person having priority and appoint a person having a lower priority under this section and shall take into consideration:   

(1)     the preference of the incapacitated person;   

(2)     the geographic location of the proposed guardian;   

(3)     the relationship of the proposed guardian to the incapacitated person;   

(4)     the ability of the proposed guardian to carry out the powers and duties of the guardianship; and   

(5)     potential financial conflicts of interest between the incapacitated person and proposed guardian.