2011 New Mexico Statutes
Chapter 45: Uniform Probate Code
Article 5: Protection of Persons Under Disability and Their Property, 45-5-101 through 45-5-617
Section 45-5-306: Death of protected person or guardian; incapacity of guardian.
45-5-306. Death of protected person or guardian; incapacity of guardian.
The authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or protected person, the determination of incapacity of the guardian or upon removal or resignation as provided in Section 45-5-307 NMSA 1978. Upon the death of the protected person, the guardian shall submit notice to the appointing court. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect the guardian's liability for prior acts nor the guardian's obligation to account for funds and assets of the guardian's protected person.
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