2018 New Mexico Statutes
Chapter 38 - Trials
Article 1 - Process
Section 38-1-12 - Service against incapacitated.

Universal Citation: NM Stat § 38-1-12 (2018)
38-1-12. Service against incapacitated.

Whenever there is a guardian of the estate or a guardian of the person of an incapacitated person, duly appointed by a court of competent jurisdiction of this state, every process against the incapacitated person shall be served upon either of the guardians in the manner as may be provided by law for service of process, including service by publication. Service of process so made shall be considered as proper service upon the protected person. In all other cases, process shall be served upon the protected person in the same manner as upon competent or sane persons.

History: Laws 1935, ch. 60, § 10; 1939, ch. 40, § 1; 1941 Comp., § 19-307; 1953 Comp., § 21-3-12; 2009, ch. 159, § 12.


Compiler's notes. — This section was carried forward under Rule 1-004F(8) NMRA.

Cross references. — For guardians ad litem generally, see 38-4-14 to 38-4-17 NMSA 1978.

For suits against insane or incompetent persons, see 38-4-14 to 38-4-17 NMSA 1978.

For incompetent persons as parties, see Rule 1-017C NMRA.

The 2009 amendment, effective June 19, 2009, changed "insane or incompetent" to "incapacitated" and changed "ward" to "protected person".

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