2020 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Part 3 - GUARDIANS OF INCAPACITATED PERSONS
Section 45-5-303.1 - Duties of guardian ad litem.

A. The guardian ad litem shall:

(1) interview in person the alleged incapacitated person prior to the hearing;

(2) present the alleged incapacitated person's declared position to the court;

(3) interview the qualified health care professional, the visitor and the proposed guardian;

(4) review both the medical report submitted by the qualified health care professional and the report by the visitor;

(5) obtain independent medical or psychological assessments, or both, if necessary; and

(6) file a written report with the court prior to the hearing on the petition for appointment.

B. Unless otherwise ordered by the court, the duties of the guardian ad litem terminate and the guardian ad litem is discharged from duties upon entry of the order appointing the guardian and acceptance of the appointment by the guardian.

History: 1978 Comp., § 45-5-303.1, enacted by Laws 1989, ch. 252, § 6; 1993, ch. 301, § 4; 2019, ch. 228, § 3.

The 2019 amendment, effective July 1, 2019, required a guardian ad litem to file a written report with the court prior to a hearing on a petition for appointment; in Subsection A, added new Paragraph A(6).

The 1993 amendment, effective July 1, 1993, designated Subsection A; in Subsection A, deleted "appointed by the court pursuant to Subsection C of Section 45-5-303 NMSA 1978" following "litem" in the introductory paragraph, redesignated former Subsections A to E as Paragraphs (1) to (5), inserted "in person" in Paragraph (1), and substituted "report" for "affidavit" in Paragraph (4); added Subsection B; and made a minor stylistic change.