2011 New Mexico Statutes
Chapter 46B: Uniform Power of Attorney Act
Article 1: Uniform Power of Attorney Act, 46B-1-101 through 46B-1-403
Section 46B-1-108: Nomination of conservator or guardian; relation of agent to court-appointed fiduciary. (Recompiled effective January 1, 2012.)

46B-1-108. Nomination of conservator or guardian; relation of agent to court-appointed fiduciary. (Recompiled effective January 1, 2012.)

A. In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.

B. If, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended or terminated by the court after notice to, and an opportunity to be heard by, the agent and the principal.