New Mexico
Overview
New Mexico enacted the Supported Decision‑Making Act (S.B. 535 / H.B. 149) in April 2025, which becomes effective July 1, 2025. The Act recognizes SDM as a legal alternative to guardianship, sets requirements for SDM agreements, presumes capacity, outlines supporter duties, and creates an SDM Program within the Developmental Disabilities Council.
Guardianship Laws
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
- S.B. 535 / H.B. 149 (2025) — Supported Decision‑Making Act.
- Description: Establishes statutory recognition of SDM agreements; prescribes form, witness, capacity, supporter duties; mandates oversight by an SDM Program in the DD Council.
- Status: Passed legislature March 2025; signed into law April 2025; effective July 1, 2025.
- Included is a state funding appropriation of $289,000 for FY 2026 to establish and staff the SDM Program under the Developmental Disabilities Council following enactment.
- S.B. 19, 53rd Leg., 2nd Reg. Sess. (N.M. 2018)
None found
- S.B. 89, Reg. Sess. (N.M. 2023)
- Description: Supported Decision-Making Act, which would, among other things codify Supported Decision-Making Agreements as an alternative to guardianship, provide duties for supporters, create reporting requirements, and create a supported decision-making program within the Office of Guardianship.
- Status: Failed on January 30, 2023 (Postponed Indefinitely)
- H.B. 117, Reg. Sess. (N.M. 2021)
- Description: Appropriations bill which, among other things, would have funded a Supported Decision-Making Task Force.
- Status: Failed on January 19, 2021.
- 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 supported decision-making in New Mexico as an alternative to guardianship.
- Status: Failed on February 9, 2021.
- H. Memorial 23, 54th Leg., 2nd Reg. Sess. (N.M. 2020)
- Description: Requesting the formation of a task force to study and report on supported decision-making in New Mexico as an alternative to guardianship and conservatorship.
- Status: Failed on February 20, 2020 (Postponed Indefinitely)
- 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 supported decision-making in New Mexico as an alternative to guardianship.
- Status: Failed on February 20, 2020.
Case Law & Court Orders
None found
State Grant Programs
None awarded
Other Resources
Information Last Updated: January 24, 2025