2021 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 45-5-313 - Proceedings subsequent to appointment; venue.

A. The court where the protected person resides has concurrent jurisdiction with the court that appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship.

B. Subject to the transfer provisions of the Uniform Adult Guardianship and Protective Proceedings Jurisdication [Jurisdiction] Act, if the court located where the protected person resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interests of the protected person. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed.

History: 1953 Comp., § 32A-5-313, enacted by Laws 1975, ch. 257, § 5-313; 2009, ch. 159, § 40; 2011, ch. 124, § 57.

Bracketed material. — The bracketed material was inserted by the compiler to correct a typographical error, and is not part of the law.

The 2011 amendment, effective January 1, 2012, made the transfer of jurisdiction subject to the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

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

Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of provision for service of process against minor on a parent, guardian or other designated person, 92 A.L.R.2d 1336.

14 C.J.S. Chemical Dependents § 4; 49 C.J.S. Insane Persons § 137.