New Mexico

New Mexico

Overview

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
    • 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:

Case Law & Court Orders

None found

State Grant Programs

None awarded

Other Resources

Information Last Updated: July 21, 2022