2020 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Section 45-5-104 - Delegation of powers by parent or guardian.

Universal Citation: NM Stat § 45-5-104 (2020)

A parent or a guardian of a minor or an incapacitated person, by an acknowledged power of attorney, may delegate to another person, for a period not exceeding six months, any of the parent's or guardian's powers regarding care, custody or property of the minor child or protected person, except the power to consent to marriage or adoption of a minor protected person.

History: 1953 Comp., § 32A-5-104, enacted by Laws 1975, ch. 257, § 5-104; 2009, ch. 159, § 27.


The 2009 amendment, effective June 19, 2009, deleted "ward" and added "protected person".

Agreements subject to judicial modification. — Agreements between parents and third parties regarding the guardianship, care, custody, maintenance or education of children are subject to judicial modification. In re Adoption of Doe, 1982-NMCA-094, 98 N.M. 340, 648 P.2d 798, cert. denied, Cook v. Brownfield, 98 N.M. 336, 648 P.2d 794.

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 § 55; 57 C.J.S. Mental Health § 108 et seq.

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