2021 New Mexico Statutes
Chapter 28 - Human Rights
Article 16B - Office of Guardianship
Section 28-16B-5 - Guardianship service agreements.

A service agreement for guardianship services shall include:

A. a requirement that service providers be certified and in good standing with a national or state organization recognized by the supreme court that provides professional certification for guardians;

B. a requirement for adoption and compliance with a code of ethics for guardians;

C. the maximum caseload for guardians;

D. the fee schedule for services provided;

E. assurance that the civil rights of protected persons served by the service provider shall be met, including the right to be served in the most integrated setting appropriate to the needs of the protected person;

F. provisions for access by the office of guardianship to records, protected persons and service provider staff as needed to monitor and enforce contract compliance and for quality assurance purposes; and

G. minimum financial accounting and reporting requirements.

History: Laws 2003, ch. 280, § 5; 2009, ch. 159, § 10; 2021, ch. 128, § 5.

The 2021 amendment, effective July 1, 2021, revised the required contents of a service agreement for guardianship services, including a requirement that service providers be certified and in good standing with a national or state organization recognized by the supreme court that provides professional certification for guardians; changed "contractor" to "service provider" throughout; in the section heading, deleted "Contracts" and added "Guardianship service agreements"; in the introductory clause, after "A", deleted "contract" and added "service agreement"; and deleted former Subsection A and added new Subsection A.

The 2009 amendment, effective June 19, 2009, in Subsections E and F, changed "ward" to "protected person".