Rule 1-140 - Guardianship and conservatorship proceedings; mandatory use of formsA.Order determining persons entitled to notice of proceedings and access to court records. When the court files an order appointing a guardian or conservator, the court shall file a separate order using Form 4-993 NMRA to identify all persons entitled to notice of the proceedings and access to court records following the appointment.B.Order to secure or waive bond. When the court files an order appointing a conservator, the court shall file a separate order using Form 4-994 NMRA directing the conservator to secure bonding or an alternative asset-protection arrangement or waiving the bonding requirement, as provided in Section 45-5-411 NMSA 1978.C.Notice of bonding and corporate surety statement. Unless waived by the court, a conservator shall file a separate notice of bonding using Form 4-995 NMRA. The notice of bonding shall be filed at the same time that an inventory or report is filed under Paragraphs E or F of this rule. A statement completed by the corporate surety using Form 4-995.1 NMRA shall be attached to a notice of bonding filed under this paragraph. D.Guardian's report. A guardian filing a ninety (90)-day, annual, or final report under Section 45-5-314 NMSA 1978 shall use Form 4-996 NMRA.E.Conservator's inventory. A conservator filing a ninety (90)-day inventory under Section 45-5-418 NMSA 1978 shall use Form 4-997 NMRA.F.Conservator's report. A conservator filing an annual or final report under Section 45-5-409 NMSA 1978 shall use Form 4-998 NMRA.G.Notice of hearing and rights. A person filing a petition to appoint a guardian or conservator shall use Form 4-999 NMRA to provide notice of the hearing on the petition and notice of the rights of the alleged incapacitated person as required under Sections 45-5-309 and 45-5-405 NMSA 1978.N.M. R. Civ. P. Dist. Ct. 1-140
Approved by Supreme Court Order No. 18-8300-005, effective for all cases on or after7/1/2018; provisionally amended by Supreme Court Order No. 18-8300-007, effective for all cases filed on or after10/15/2018; approved by Supreme Court Order No. 19-8300-001, effective 1/14/2019. ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-007, effective October 15, 2018, required any person who files a petition to appoint a guardian or conservator to use Form 4-999 NMRA to provide notice of the hearing on the petition and notice of the rights of the alleged incapacitated person; and added Paragraph G. Compiler's notes. - Pursuant to a Supreme Court order dated October 15, 2018, this rule was provisionally approved for all cases filed on or after October 15, 2018. Subsequently, by a court order dated January 14, 2019, this rule was approved and adopted in its final form, effective January 14, 2019.