2018 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Section 45-5-208 - Consent to service by acceptance of appointment; notice.

By accepting a parental or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of a proceeding shall be delivered to the guardian or mailed to the guardian at the address listed in the court records and to the address then known to the petitioner. Letters of guardianship shall indicate whether the guardian was appointed by parental appointment or by court order.

History: 1953 Comp., § 32A-5-208, enacted by Laws 1975, ch. 257, § 5-208; 2011, ch. 124, § 55.

The 2011 amendment, effective January 1, 2012, eliminated the testamentary appointment of guardians and provided for parental appointment of guardians.

Human services department as guardian. — Where the portions of a wrongful death payment due minors who were in custody of the human services department (HSD), were delivered to a representative of HSD who transmitted the order and the funds to Santa Fe, with a cover letter pointing out the need to deposit the funds in interest-bearing accounts until the minors reach the age of majority, HSD received notice sufficient to subject it to the jurisdiction of the court, and HSD's failure to contest either the court's jurisdiction or the terms of the trust, estopped HSD from now asserting the trial court's lack of jurisdiction to enforce its 1977 order. In re Estate of Guerra, 1981-NMCA-063, 96 N.M. 608, 633 P.2d 716.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of provision for service of process against minor on a parent, guardian or other designated person, 92 A.L.R.2d 1336.

39 C.J.S. Guardian and Ward § 30.