2018 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Section 45-5-305 - Acceptance of appointment; consent to jurisdiction.
By accepting a testamentary 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 any proceeding shall be delivered to the guardian or mailed to him at his address as listed in the court records and to his address as then known to the petitioner.
History: 1953 Comp., § 32A-5-305, enacted by Laws 1975, ch. 257, § 5-305.
Guardians of minors. — While 45-5-305 NMSA 1978 deals specifically with guardians of incapacitated persons, it applies equally to guardians of wards who are legally incapacitated by their minority, to confer personal jurisdiction over a guardian. In re Hooker, 1980-NMSC-109, 94 N.M. 798, 617 P.2d 1313.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 49 C.J.S. Insane Persons § 41.
