2020 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Section 45-5-102 - Jurisdiction of subject matter; consolidation of proceedings.

Universal Citation: NM Stat § 45-5-102 (2020)

A. Chapter 45, Article 5 NMSA 1978 applies to guardianship and protective proceedings for individuals over whom the court has jurisdiction and to property coming into the control of a guardian or conservator who is subject to the laws of New Mexico.

B. The court has exclusive jurisdiction over protective proceedings for minors domiciled in or having property located in New Mexico. Except to the extent that the guardianship is subject to the Uniform Child-Custody Jurisdiction and Enforcement Act [40-10A-101 to 40-10A-403 NMSA 1978], the court has exclusive jurisdiction over guardianship proceedings for minors domiciled or present in New Mexico.

C. The court has exclusive jurisdiction over guardianship and protective proceedings for an adult individual as provided in the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act [Chapter 45, Article 5A NMSA 1978].

D. When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.

History: 1953 Comp., § 32A-5-102, enacted by Laws 1975, ch. 257, § 5-102; 2011, ch. 124, § 53.


The 2011 amendment, effective January 1, 2012, added Subsection A to specify the jurisdiction of the district court in guardianship and guardianship protective proceedings for minors and adults; and added Subsection C.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Power of guardian or committee of incompetent in respect of insurance on ward's life, or of policy under which he has interest, 84 A.L.R. 366.

Divorce court's acquisition of jurisdiction over custody and maintenance of child as precluding guardianship proceedings in another court, 146 A.L.R. 1167.

Power of guardian or committee to compromise liquidated, contract claim or money judgment, and of courts to authorize or approve such a compromise, 155 A.L.R. 196.

Function, power and discretion of court as affected by testamentary appointment of guardian of minor, 67 A.L.R.2d 803.

Power to make charitable gifts from estate of incompetent, 99 A.L.R.2d 946.

Power of court or guardian to make noncharitable gifts or allowances out of funds of incompetent ward, 24 A.L.R.3d 863.

Ademption or revocation of specific devise or bequest by guardian, committee, conservator or trustee of mentally or physically incompetent testator, 84 A.L.R.4th 462.

14 C.J.S. Chemical Dependents § 9; 39 C.J.S. Guardian and Ward § 11; 57 C.J.S. Mental Health §§ 21 et seq., 108 et seq.

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