2018 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Section 45-5-415 - Death, resignation or removal of conservator; termination of conservatorship.
A. On the petition of the incapacitated person or any person interested in his welfare, the court may remove a conservator for good cause, upon notice and hearing. A temporary conservator may be appointed pursuant to Section 45-5-408 NMSA 1978 pending a final hearing.
B. Upon death, resignation or removal of a conservator, the court may appoint another conservator or make any other order that may be appropriate. If a successor conservator is appointed, he succeeds to the title and powers of his predecessor.
C. The incapacitated person or any person interested in his welfare may petition for an order that he is no longer in need of a conservator and for removal or resignation of the conservator. A request for this order may be made by informal letter to the court or judge. Any person who knowingly interferes with transmission of this kind of request to the court may be adjudged guilty of contempt of court.
D. Upon the filing of a petition to terminate a conservatorship for reasons other than termination of minority or the death of the person under conservatorship, the court, shall follow the same procedures as set forth in Section 45-5-407 NMSA 1978.
History: 1953 Comp., § 32A-5-415, enacted by Laws 1975, ch. 257, § 5-415; 1989, ch. 252, § 24; 1993, ch. 301, § 21.
Compiler's notes. — This section includes within its scope some of the functions of former 32-1-39 and 33-4-4, 1953 Comp.
The 1993 amendment, effective July 1, 1993, rewrote this section to the extent that a detailed comparison is impracticable.
The 1989 amendment, effective June 16, 1989, added "termination of conservatorship" to the section heading, substituted the present provisions of Subsection A for "The court may remove a conservator for good cause, upon notice and hearing", and added Subsections C and D.
Protected person's change of will. — A conservator who believes the protected person legitimately wants to change the protected person's will, is not required to either: (1) petition to terminate the conservatorship under 45-5-430 NMSA 1978; or (2) seek instruction from the appointing court pursuant to 45-5-416 NMSA 1978; while either of these may be a legitimate procedure, neither is required by the UPC before a person whose property is under a conservatorship is entitled to execute a will. Lucero v. Lucero, 1994-NMCA-128, 118 N.M. 636, 884 P.2d 527.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward §§ 37, 48 to 53; 49 C.J.S. Insane Persons § 45.
