N.M. R. Civ. P. Dist. Ct. 1-143

As amended through August 23, 2024

Rule 1-143 - Guardianship and conservatorship proceedings; appointment of visitor, qualified health care professional, and guardian ad litem ; timing and review of reports

A.Scope; computation of time. This rule governs the appointment of and filing of reports by a visitor, qualified health care professional, and guardian ad litem in a guardianship or conservatorship proceeding under Chapter 45, Article 5, Parts 3 and 4 NMSA 1978. All time periods set forth in this rule, regardless of length, shall be computed using calendar days as provided in Rule 1-006(A)(1) NMRA.

B.Appointment. Upon the filing of a petition for the appointment of a guardian or conservator, the court shall appoint a qualified health care professional, visitor, and if necessary, a guardian ad litem.

C.Timing of reports. An order of appointment under Paragraph B of this rule shall require the appointee to file a report as follows.

(1)Qualified health care professional. A qualified health care professional shall file the report required under Section 45-5-303(E) or 45-5-407(C) NMSA 1978 no later than fourteen (14) days before the hearing on a petition to appoint a guardian or conservator.

(2)Visitor. A visitor shall file the report required under Section 45-5-303(F) or 45-5-407(D) NMSA 1978 no later than eleven (11) days before the hearing on a petition to appoint a guardian or conservator.

(3)Guardian ad litem. A guardian ad litem shall file the report required under Section 45-5-303.1(A)(6) or 45-5-404.1(A)(6) NMSA 1978 no later than seven (7) days before the hearing on a petition to appoint a guardian or conservator.

D.Provision of reports. Within three (3) days of the filing of a report required under Paragraph C of this rule, the petitioner shall provide a copy of the report to the alleged incapacitated person, the visitor, the guardian ad litem, any attorney of record, any agent under a power of attorney unless the court orders otherwise, and any other person the court determines under Rule 1-079.1(B)(4) or (C)(4) NMRA. The report may be provided to such persons in any manner reasonably calculated to afford a meaningful opportunity to review the report before the hearing on the petition to appoint a guardian or conservator.

E.Review. Prior to the hearing, the guardian ad litem shall review the reports with the alleged incapacitated person by making the alleged incapacitated person aware of the contents of the reports and their significance.

N.M. R. Civ. P. Dist. Ct. 1-143

Adopted by Supreme Court Order No. 19-8300-005, effective 7/1/2019.

Committee commentary. - The time limits and review requirements set forth in this rule are intended to provide an opportunity for meaningful communication about the content and recommendations contained in the reports before the hearing on the petition for the alleged incapacitated person and any other person entitled to access the reports under Rule 1-079.1 NMRA.

[Adopted by Supreme Court Order No. 19-8300-005, effective July 1, 2019.]