2018 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Section 45-5-314 - Annual report; audits.
A. The guardian of an incapacitated person shall file an initial report with the appointing court within ninety days of the guardian's appointment. Thereafter, the guardian shall file an annual report within thirty days of the anniversary date of the guardian's appointment. A copy of the report shall also be submitted to the district judge who appointed the guardian or the judge's successor, to the incapacitated person and to the incapacitated person's conservator, if any. The court shall review this report. The report shall include information concerning the progress and condition of the incapacitated person, including the incapacitated person's health, medical and dental care, residence, education, employment and habitation; a report on the manner in which the guardian carried out the guardian's powers and fulfilled the guardian's duties; and the guardian's opinion regarding the continued need for guardianship. If the guardian has been provided power pursuant to Paragraph (4) of Subsection B of Section 45-5-312 NMSA 1978, the report shall contain information on financial decisions made by the guardian. The report may be substantially in the following form:
"STATE OF NEW MEXICO
COUNTY OF ____________________
______________ JUDICIAL DISTRICT COURT
IN THE MATTER OF THE GUARDIANSHIP OF
________________________________________________
CAUSE NO. ____________
an incapacitated adult
GUARDIAN'S 90-DAY ____ ANNUAL ____ FINAL ____ (check one)
REPORT ON THE CONDITION AND WELL-BEING OF AN ADULT PROTECTED PERSON
Date of Appointment: ________
Pursuant to Section 45-5-314 NMSA 1978, the undersigned duly appointed, qualified and acting guardian of the above-mentioned protected person reports to the court as follows (attach additional sheets, if necessary):
| 1. | PROTECTED PERSON: | Name _________________________________________________________ Residential Address ____________________________________________ Facility Name __________________________________________________ City, State, Zip Code ____________________________________________ Telephone _____________________ Date of Birth __________________ |
Name of person primarily responsible at protected person's place of residence: .
| 2. | GUARDIAN: | Name _________________________________________________________ Business Name (if any) _________________________________________ Address ______________________________________________________ City, State, Zip Code ___________________________________________ Telephone __________________ Alternate Telephone # _____________ Relation to Protected Person ____________________________________ |
3. FINAL REPORTS ONLY (otherwise, go to #4)
I am filing a Final Report because of: ___ My resignation
___ Death of the Protected Person ___ Court Order
___ Other (please explain):
A. If because of resignation, Name of successor, if appointed:
Address
City, State, Zip Code
B. If because of Protected Person's death: (attach copy of death certificate, if available)
Date and place of death:
Name of personal representative if appointed:
Address
City, State, Zip Code
4. During the past year or 90 days (if initial report), I have visited the Protected Person _______ times. The date of my last personal visit was .
5. (A) Describe the residence of the Protected Person:
_____ Hospital/medical facility _____ Protected Person's home
_____ Guardian's home _____ Relative's home (explain below)
_____ Nursing home _____ Boarding/Foster/Group Home
_____ Other:
(B) During the past year or 90 days (if first report), has the Protected Person changed his/her residence? _____________
Do you anticipate a change of residence for the protected person in the next year? ____________
6. The name and address of any hospital or other institution (if any) where the Protected Person is now admitted:
.
7. The Protected Person is under a physician's regular care. _____Yes _____ No
Identify the health care providers.
Physician:
Dentist (if any):
Mental Health Professional (i.e., psychiatrist, counselor):
Other:
8. (A) During the past year or 90 days (if initial report), the Protected Person's physical health:
Remained the same _____
Primary diagnosis:
_____ improved _____ deteriorated
(explain)
(B) During the past year or 90 days (if initial report), the Protected Person's mental health: Remained the same _____
Major diagnosis, if any:
Improved ________ deteriorated (explain)
If physical or mental health has deteriorated, please explain:
9. Describe any significant hospitalizations or mental or medical events during the past year or 90 days (if initial report):
10. List the Protected Person's activities and changes, if any, over the past year or 90 days (if initial report):
Recreational Activities:
Educational Activities:
Social Activities:
List Active Friends and/or Relatives:
Occupational activities:
Other:
11. Describe briefly any contracts entered into and major decisions made on behalf of the Protected Person during the past year or 90 days (if initial report):
12. The Protected Person has made the following statements regarding his/her living arrangements and the guardianship over him/her:
13. I believe the Protected Person has unmet needs.
_____ Yes (explain) _____ No
If yes, indicate efforts made to meet these needs:
14. The Protected Person continues to require the assistance of a guardian:
_____ Yes _____ No
Explain why or why not: .
15. The authority given to me by the Court should:
_____ remain the same _____ be decreased _____ be increased
Why:
16. Additional information concerning the Protected Person or myself (the guardian) that I wish to share with the Court:
17. If the court has granted you the authority to make financial decisions on behalf of the Protected Person, then please describe the decisions you have made for the protected person:
.
Signature of Guardian: ________________________ Date: _____________
Printed Name: _______________________________."
B. Any guardian may rely on a qualified health care professional's current written report to provide descriptions of the physical and mental conditions required in items 7, 8, 9, 14 and 15 of the annual report as specified in Subsection A of this section.
C. The guardian may be fined five dollars ($5.00) per day for an overdue annual report. The fine shall be used to fund the costs of visitors, counsel and functional assessments utilized in conservatorship and guardianship proceedings pursuant to the Uniform Probate Code.
D. The court shall not waive the requirement of an annual report under any circumstance but may grant an extension of time not to exceed sixty days. The court may require the filing of more than one report annually.
E. A guardian of a protected person shall fully comply with the requirements of any audit of an account, inventory, report or property of a protected person.
History: 1978 Comp., § 45-5-314, enacted by Laws 1989, ch. 252, § 14; 1993, ch. 301, § 11; 2009, ch. 159, § 41; 2018, ch. 10, § 7.
The 2018 amendment, effective July 1, 2018, removed mandatory language regarding the form of the report required to be filed by the guardian of a protected person, and required guardians to comply with the requirements of any audit of an account, inventory, report or property of a protected person; in the catchline, added "audits"; in Subsection A, after "including", deleted "but not limited to", and after the second occurrence of "The report", deleted "shall" and added "may"; corrected the designation of the next three subsections as Subsections B through D; and added Subsection E.
Applicability. — Laws 2018, ch. 10, § 16 provided that the provisions of Laws 2018, ch. 10, §§ 1 through 14 apply to:
A. a proceeding for appointment of a guardian or conservator or for a protective arrangement instead of guardianship or conservatorship commenced on or after July 1, 2018; and
B. a guardianship, conservatorship or protective arrangement instead of guardianship or conservatorship in existence on June 30, 2018 unless the court finds application of a particular provision of this act would substantially interfere with the effective conduct of the proceeding or prejudice the rights of a party, in which case the particular provision of this act does not apply and the superseded law applies.
The 2009 amendment, effective June 19, 2009, in Subsection A, in the first sentence, after "incapacitated person shall file an", changed "annual" to "initial"; after "appointing court within", changed "thirty" to "ninety"; after "ninety days of", deleted "the anniversary date of"; added the second, fourth and sixth sentences; and deleted the former form of guardian's report and added a new form of guardian's 90-day, annual or final report; and in Subsection B, after "items 7, 8", deleted "and 11" and added "9, 14 and 15".
The 1993 amendment, effective July 1, 1993, inserted the second sentence in Subsection A; added current Subsection B; redesignated former Subsections B and C as Subsections C and D; added the second sentence in Subsection D; and made a minor stylistic change in Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Guardian and Ward §§ 162 to 165.
39 C.J.S. Guardian and Ward § 145.
