2018 New Mexico Statutes
Chapter 43 - Commitment Procedures
Article 1 - Mental Health and Developmental Disabilities
Section 43-1-5 - Competence.
Neither the fact that a person has been accepted at or admitted to a hospital or institutional facility, nor the receiving of mental health or developmental disability treatment services, shall constitute a sufficient basis for a finding of incompetence or the denial of any right or benefit of whatever nature which he would have otherwise.
History: 1953 Comp., § 34-2A-4, enacted by Laws 1977, ch. 279, § 4.
Section does not bar consideration of history of hospitalizations along with other evidence, in reaching a conclusion as to a patient's current condition. State v. Pernell, 1979-NMCA-008, 92 N.M. 490, 590 P.2d 638.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Admissibility and probative force on issue as to mental condition, of evidence that one had been adjudged incompetent or insane, or had been confined in insane asylum, 7 A.L.R. 568, 68 A.L.R. 1309.
