2006 New Mexico Statutes - 45-5-503 — Relation of attorney in fact to court-appointed fiduciary.

45-5-503. Relation of attorney in fact to court-appointed fiduciary.

A.     If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator or other fiduciary charged with the management of all of the principal's property or all of his property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal.  The fiduciary may not revoke or amend the power of attorney unless the appointing court expressly so authorizes after notice to the attorney in fact and the ward.   

B.     A principal may nominate, by a durable power of attorney, the conservator or guardian of his person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced.  The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause for disqualification.