2006 New Mexico Statutes - 45-5-314 — Annual report.
45-5-314. Annual report. A. The guardian of an incapacitated person shall file an annual report with the appointing court within thirty days of the anniversary date of the guardian's appointment. A copy of the report shall also be submitted to the district judge who appointed the guardian or his successor, to the incapacitated person and to his conservator, if any. The report shall include information concerning the progress and condition of the incapacitated person, including but not limited to his health, medical and dental care, residence, education, employment and habitation; a report on the manner in which the guardian carried out his powers and fulfilled his duties; and the guardian's opinion regarding the continued need for guardianship. The report shall be substantially in the following form:
"IN THE DISTRICT COURT
__________________ COUNTY, STATE OF NEW MEXICO
In the matter of the ) No. ____________
Guardianship of )
________________________________ )
(Enter Name of Incapacitated Person) )
An Incapacitated Person. )
GUARDIAN'S REPORT
Pursuant to
Section 45-5-314 NMSA 1978, the undersigned duly appointed, qualified and acting guardian of the above-mentioned incapacitated person reports to the court as follows:
1. My name is: _____________________________________________________________
2. My address and telephone number are: ___________________________________
_____________________________________________________________________________
3. The name, if applicable, and address of the place where the
incapacitated person now resides are: ________________________________________
4. A description of the incapacitated person's place of residence and of programs, activities or services in which the incapacitated person is
involved is as follows: ______________________________________________________
5. The name of the person primarily responsible for the care of the
incapacitated person at such person's place of residence is: _________________
6. The name and address of any hospital or other institution where the
incapacitated person is now admitted on a temporary basis are: _______________
7. A brief description of the incapacitated person's physical condition is:
8. A brief description of the incapacitated person's mental condition is: __
9. A brief description of contracts made on behalf of the incapacitated
person during the past year is: ______________________________________________
10. A brief description of major decisions made on the incapacitated
person's behalf during the past year is: _____________________________________
11. The reasons, if any, why the guardianship should continue are: ________
Signature of Guardian: ______________________________________________________
Date: ________________________".
B. Any guardian may rely on a qualified health care professional's current written report to provide descriptions of the physical and mental conditions required in items 7, 8 and 11 of the annual report as specified in Subsection A of this section.
C. The guardian may be fined five dollars ($5.00) per day for an overdue annual report. The fine shall be used to fund the costs of visitors, counsel and functional assessments utilized in conservatorship and guardianship proceedings pursuant to the Probate Code [this chapter].
D. The court shall not waive the requirement of an annual report under any circumstance, but may grant an extension of time not to exceed sixty days. The court may require the filing of more than one report annually.
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