New Mexico
Overview
Guardianship Laws
N.M. Stat. Ann. §§ 28-16B-1 to -6; 45-5-101 to -105; 45-5-301 to -436; 45-5a-101 to -502
Supported Decision-Making
State Legislation
- S.B. 19, 53rd Leg., 2nd Reg. Sess. (N.M. 2018)
- Description: The introduced bill would have formally recognized SDM as a less-restrictive alternative to guardianship, consistent with the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act. However, the enacted version does not include reference to SDM
- Status: Enacted February 28, 2018
- Public Link [www.nmlegis.gov/Legislation/Legislation?Chamber=S&LegType=B&LegNo=19&year=18]
- H. Memorial 23, 54th Leg., 2nd Reg. Sess. (N.M. 2020)
- Description: Requesting the formation of a task force to study and report on SDM in New Mexico as an alternative to guardianship and conservatorship.
- Status: Referred from House Committee on Judiciary with a “Do pass” on January 31, 2020.
- Public Link [www.billtrack50.com/BillDetail/1184434]
- H.B. 67, 54th Leg., 2nd Reg. Sess. (N.M. 2020)
- Description: Would make an appropriation to the Developmental Disabilities Planning Council to form a task force to study and report on SDM in New Mexico as an alternative to guardianship.
- Status: Failed 2/20/2020
- Public Link [www.billtrack50.com/BillDetail/1157559]
- H.B. 94, Reg. Sess. (N.M. 2021)
- Description: Would make an appropriation to the Developmental Disabilities Planning Council to form a task force to study and report on SDM in New Mexico as an alternative to guardianship.
- Status: H.B. 94 is listed as failed – sine die, however $15,000 “[t]o fund a task force to develop and recommend legislation around supported decision-making” was passed as included in House appropriations bill H.B. 2, which was signed by the governor on 03/19/2021 (SDM task force portion not vetoed).
- Public Link H.B. 94: [https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=94&year=21]
- Appropriations Bill:
- Public Link Appropriations Bill: https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=2&year=21
- Public Link Appropriations Bill Text (with vetoes in line): https://www.nmlegis.gov/Sessions/21%20Regular/final/HB0002.pdf
Case Law & Court Orders
None found
State Grant Programs
None awarded
Other Resources
- Website: NM Developmental Disabilities Planning Council Alternatives to Guardianship Link: www.nmddpc.com/alternatives-to-guardianship-new
- PowerPoint: The Arc of NM, What is SDM Link: www.nmlegis.gov/handouts/DISC%20091720%20Item%201%20McCoy.pdf www.nmlegis.gov/handouts/DISC%20091720%20Item%201%20McCoy.pdf
Information Last Updated: July 21, 2022