2020 New Mexico Statutes
Chapter 38 - Trials
Article 4 - Parties
Section 38-4-14 - Incapacitated person; definition.
As used in the Probate Code [Chapter 45 NMSA 1978] the term "incapacitated person" means any person who demonstrates over time either partial or complete functional impairment by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he is unable to manage his personal care or he is unable to manage his property and financial affairs.
History: Laws 1925, ch. 22, § 1; C.S. 1929, § 85-301; 1941 Comp., § 19-613; 1953 Comp., § 21-6-13; Laws 1975, ch. 257, § 8-110; 1989, ch. 252, § 1.
ANNOTATIONSThe 1989 amendment, effective June 16, 1989, substituted "demonstrates over time either partial or complete functional impairment" for "is impaired", deleted "advanced age", following "disability", and substituted all of the present language following "minority" for "to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person or management of his affairs".
