2020 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Part 2 - GUARDIAN OF MINORS
Section 45-5-211 - Proceedings subsequent to appointment; venue.
A. The court where the protected person resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a testamentary appointment was filed over resignation, removal, accounting and other proceedings relating to the guardianship.
B. If the court located where the protected person resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in New Mexico or another state, and, after consultation with that court, determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interests of the protected person. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed.
History: 1953 Comp., § 32A-5-211, enacted by Laws 1975, ch. 257, § 5-211; 2009, ch. 159, § 31.
ANNOTATIONSThe 2009 amendment, effective June 19, 2009, deleted "ward" and added "protected person".
Jurisdiction to grant temporary custody. — The New Mexico court which appointed the guardian had concurrent jurisdiction with the Texas court, where the child resided, to grant temporary custody to the father pursuant to 45-2-211 NMSA 1978. In re Hooker, 1980-NMSC-109, 94 N.M. 798, 617 P.2d 1313..
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 C.J.S. Guardian and Ward § 176.
