N.M. Stat. § 28-16B-4

Current through 2024, ch. 69
Section 28-16B-4 - Service agreement monitoring and enforcement
A. The office of guardianship shall monitor professional guardians providing services to income-eligible protected persons and enforce agreements the office has executed with guardianship and legal services providers. In carrying out this duty, the office may:
(1) have access to case records, copies of court filings and reports, financial records and other records maintained by guardianship and legal services providers related to the services provided to income-eligible protected persons, unless specifically sequestered by the court;
(2) petition the court of jurisdiction for access to records that have been sequestered;
(3) conduct annual comprehensive service reviews to ensure service providers comply with service agreements and statutory duties;
(4) visit protected persons to evaluate the adequacy of guardianship services provided and determine if the guardianship should be amended or terminated; and
(5) pursue legal and other remedies against service providers for noncompliance with service agreements and statutory duties.
B. The office shall protect and maintain the confidentiality of all client-specific information and records obtained to the same extent as required for the service providers and to any extent otherwise required by state or federal law.

NMS § 28-16B-4

Laws 2003, ch. 280, § 4; 2009, ch. 159, § 9.
Amended by 2021, c. 128,s. 4, eff. 7/1/2021.