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 45-5-212 - Resignation, removal and other post-appointment proceedings.

A. Any person interested in the welfare of a protected person, or the protected person if fourteen or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the protected person. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.

B. Notice of hearing on a petition for an order after the appointment of a guardian must be given to the protected person, the guardian and any other person as ordered by the court.

C. After notice pursuant to Section 45-1-401 NMSA 1978 and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.

D. If at any time in the proceeding the court finds that the interest of the protected person is or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen or more years of age.

History: 1953 Comp., § 32A-5-212, enacted by Laws 1975, ch. 257, § 5-212; 1995, ch. 210, § 55; 2009, ch. 159, § 32.

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

The 1995 amendment, effective July 1, 1995, substituted "removal and other postappointment proceedings" for "or removal proceedings" in the section heading; added Subsection B; redesignated former Subsections B and C as Subsections C and D; substituted "Section 45-1-401 NMSA 1978" for "Section 1-401" in Subsection C; and made a minor stylistic change in Subsection D.

Substitution of guardian. — In a proceeding to substitute the paternal uncle for the maternal grandmother as the guardian of a minor child, the district court did not commit reversible error in stating that it had made an independent investigation, had caused the state welfare department to make an investigation, and had heard evidence, witnesses and arguments of counsel, even though the record failed to disclose testimony upon which the order was based; the court would presume the correctness and regularity of the trial court's decision. In re Caffo, 1961-NMSC-161, 69 N.M. 320, 366 P.2d 848.

Loan to guardian's family. — Removal of guardian who loaned the money of the guardian's ward to the ward's son was appropriate; the conflict of interest was apparent where guardian had failed to comply with the order requiring the guardian to file a new guardian's bond, leaving the only security for the ward as the mortgages on the guardian's land, but debt secured by the mortgages was past due and no interest had been collected, and the land pledged to secure the note had been allowed to become incumbered with tax liens, and no foreclosure proceedings had been commenced. In re Hay's Guardianship, 1932-NMSC-075, 37 N.M. 55, 17 P.2d 943.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 C.J.S. Guardian and Ward §§ 48 to 52.