2018 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Section 45-5-206 - Court appointment of guardian of minor; qualifications; priority of minor's nominee.

The court may appoint as guardian any person whose appointment would be in the best interests of the minor. The court shall appoint a person nominated by the minor, if the minor is fourteen years of age or older, unless the court finds the appointment contrary to the best interests of the minor.

History: 1953 Comp., § 32A-5-206, enacted by Laws 1975, ch. 257, § 5-206.

Compiler's notes. — This section is similar to former 32-1-41, 1953 Comp.

Appointment of guardian selected by minor. — The court has a duty to appoint the person selected by the minor if he is competent and suitable, but it may disapprove of the selection if, in its judgment, the person so selected is not a proper choice. In re Guardianship of Howard, 1960-NMSC-023, 66 N.M. 445, 349 P.2d 547.

Trial court has wide latitude in custody matters in the exercise of its discretion. In re Guardianship of Howard, 1960-NMSC-023, 66 N.M. 445, 349 P.2d 547.

An order awarding custody is subject to modification upon a sufficient showing that circumstances and conditions affecting the welfare of the minor have changed. In re Guardianship of Howard, 1960-NMSC-023, 66 N.M. 445, 349 P.2d 547.

Welfare of the minor is paramount consideration in custody cases. In re Guardianship of Howard, 1960-NMSC-023, 66 N.M. 445, 349 P.2d 547.

Preference of minor in relation to incapacitated adults. — The provisions in the New Mexico Uniform Probate Code for appointment of a guardian for an incapacitated person provide some opportunity for choice or preference by the incapacitated person under 45-5-311 NMSA 1978. The same is true of the provisions for appointment of a conservator under 45-5-410 NMSA 1978. However, the provisions for choice or preference in those cases are not as liberal as the provision for appointment of a minor's guardian under this section. In re Pulver, 1994-NMCA-024, 117 N.M. 329, 871 P.2d 985.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Minority of parent as affecting right to guardianship of child, 19 A.L.R. 1043.

Bastardizing child as affecting right to appointment as guardian, 37 A.L.R. 531.

Contract in consideration of renunciation of one's status, or right to appointment, as guardian, executor, administrator, trustee or other fiduciary, as contrary to public policy, 121 A.L.R. 677.

Validity of condition in will in restraint of marriage as applied to appointment of guardian, 122 A.L.R. 26.

Religious affiliations, consideration and weight in appointment or removal of guardian for minor child, 22 A.L.R.2d 696.

Right of infant to select own guardian, 85 A.L.R.2d 921.

Right of putative father to custody of illegitimate child, 45 A.L.R.3d 216.

Who is minor's next of kin for guardianship purposes, 63 A.L.R.3d 813.

39 C.J.S. Guardian and Ward §§ 16 to 18.