2020 New Mexico Statutes
Chapter 45 - Uniform Probate Code
Article 5 - Protection of Persons Under Disability and Their Property
Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
Section 45-5-404.1 - Duties of guardian ad litem.
A. The guardian ad litem shall:
(1) interview the person to be protected in person prior to the hearing;
(2) present the position of the person to be protected to the court;
(3) interview the qualified health care professional, the visitor, the proposed conservator and any other person who may have relevant information concerning the person to be protected;
(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 the guardian ad litem's duties upon entry of the order appointing the conservator and acceptance of the appointment by the conservator.
History: 1978 Comp., § 45-5-404.1, enacted by Laws 1989, ch. 252, § 18; 1993, ch. 301, § 14; 2019, ch. 228, § 8.
ANNOTATIONSThe 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; and added Paragraph A(6).
The 1993 amendment, effective July 1, 1993, designated and rewrote Subsection A and added Subsection B.
