2019 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
Section 45-5-403 - Venue.
Venue for conservatorship proceedings is:
A. in the judicial district where the person to be protected resides or is present; or
B. if the person to be protected does not reside in New Mexico, in any judicial district in New Mexico where he has property. If the person to be protected is admitted to an institution pursuant to the order of a court of competent jurisdiction, venue is also in the judicial district in which that court sits.
History: 1953 Comp., § 32A-5-403, enacted by Laws 1975, ch. 257, § 5-403; 1993, ch. 301, § 13.
ANNOTATIONSThe 1993 amendment, effective July 1, 1993, inserted "conservatorship" and deleted "under Sections 5-401 through 5-432" in the introductory paragraph; rewrote Subsection A; and added the second sentence in Subsection B.
Venue restrictions apply to proceedings involving institution and conduct of conservatorship. Santa Fe Nat'l Bank v. Galt, 1979-NMCA-148, 94 N.M. 111, 607 P.2d 649, cert. denied, 94 N.M. 628, 614 P.2d 545.
There is no conflict between this section and 38-3-1 NMSA 1978 in connection with a damage suit filed by a conservator. Santa Fe Nat'l Bank v. Galt, 1979-NMCA-148, 94 N.M. 111, 607 P.2d 649 (Ct. App.), cert. denied, 94 N.M. 628, 614 P.2d 545.
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 § 20; 49 C.J.S. Insane Persons § 12.
