2021 New Mexico Statutes
Chapter 28 - Human Rights
Article 16B - Office of Guardianship
Section 28-16B-3 - Office; powers and duties.

A. The office of guardianship may:

(1) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to carry out the provisions of the Office of Guardianship Act; and

(2) enter into agreements with other state or federal agencies to provide guardianship services and to provide or receive payment for such services.

B. The office of guardianship shall:

(1) provide for adult guardianship services to income-eligible incapacitated persons, including temporary guardianship as provided in Section 45-5-310 NMSA 1978;

(2) provide for the recruitment and training of persons interested and willing to serve as mental health treatment guardians;

(3) provide training and information to interested persons on the duties and responsibilities of guardians, including alternatives to guardianship and mental health treatment guardianship;

(4) establish procedures for the investigation and resolution of complaints against guardianship and legal services providers that have entered into service agreements with the office;

(5) provide legal services, including petitioning attorney, guardian ad litem and court visitor services, to petition the district court for guardianship of persons believed to be incapacitated or to seek amendment or termination of existing guardianship orders if the needs or situation of protected persons have changed; provided that the selection of persons to receive guardianship and legal services shall be made by the office based on selection criteria established by rule;

(6) prior to providing legal services to petition for guardianship, identify and provide information on least restrictive options, including alternatives to guardianship, to the alleged incapacitated person and to individuals applying for guardianship services;

(7) publish an annual report regarding the guardianship and legal services provided by the office of guardianship, including the:

(a) number and ages of protected persons assigned to a professional guardian, the judicial district where the guardianship case is assigned and the reason for appointment of a guardian;

(b) number of guardianship petitions filed by the office and the status of the petitions;

(c) number of income-eligible alleged incapacitated persons or protected persons on the wait list;

(d) number of applicants requesting family guardians and the number requesting professional guardians;

(e) number of cases dismissed or terminated and the reasons for the dismissal or termination;

(f) number of complaints the office received against guardianship and legal services providers, and the status of the complaints;

(g) disciplinary or legal actions taken by the office against guardianship and legal services providers;

(h) number of complaints filed against the office and the status of the complaints; and

(i) number of cases in which a professional guardian was removed, and the reason for the removal;

(8) establish and manage a volunteer court visitor program to provide post-adjudication court visitor services for adult guardianship cases when requested by the district court; and

(9) serve as an interested person as defined in Subsection I of Section 45-5-101 NMSA 1978.

History: Laws 2003, ch. 280, § 3; 2009, ch. 159, § 8; 2021, ch. 128, § 3.

The 2021 amendment, effective July 1, 2021, established additional duties for the office of guardianship, including providing additional legal services, publishing an annual report, and establishing and managing a volunteer court visitor program; and in Subsection B, Paragraph B(1), deleted "contract for the provision of probate" and added "provide for adult", in Paragraph B(4), after "complaints against", deleted "contractors" and added "guardianship and legal services providers that have entered into service agreements with the office", in Paragraph B(5), deleted "contract for attorneys" and added "provide legal services, including petitioning attorney, guardian ad litem and court visitor services", and after "selection of persons", deleted "to be served under such contracts" and added "to receive guardianship and legal services", and added new Paragraphs B(6) through B(8) and redesignated former Paragraph B(6) as Paragraph B(9).

The 2009 amendment, effective June 19, 2009, in Paragraph (5) of Subsection B, changed "ward" to "protected person".