New Mexico

Guardianship Laws

Adult Guardianship Statute: 
Right to Counsel in Statute: Initial Guardianship Proceedings: 
Right to Counsel in Statute: Post-Appointment Guardianship Proceedings: 
Yes, Conditional
Right to Counsel Statututory Citation: 

N.M. Stat. Ann. §§ 45-5-303(C), 45-5-307(D)

Right to Counsel Definition in Statute: 

"Unless an alleged incapacitated person already has an attorney of the alleged incapacitated person's own choice, the court shall appoint an attorney to reprsent the alleged person." 45-5-303(C )."Unless waived by the court upon the filing of a petition to terminate a guardianship for reasons other than the death of the incapacitated person, the court shall follow the same procedures to safeguard the rights of the incapacitated person as those that apply to a petition for appointment of a guardian as set forth in Section 45-5-303 NMSA 1978." N.M. Stat. Ann. § 45-5-307(D).

Advocacy Role of Counsel Defined in Statute: 
Advocacy Role of Counsel Definition in Statute: 

The court-appointed attorney in the proceeding shall have the duties of a guardian ad litem. N.M. Stat. Ann. 45-5-303 (C ). The guardian ad litem shall interview in person the alleged incapacitated person prior to the hearing; present the alleged incapacitated person's declared position to the court; interview the qualified health care professional, the visitor and the proposed guardian, review both the medical report submitted by the qualified health care professional and the report by the visitor, and obtain independent medical or psychological assessments, or both, if necessary. N.M. Stat. Ann. 45-5-303.1

Discuss Guardianship or Supported Decision-Making?: