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New Mexico Conservatorship Laws

In New Mexico, during a conservatorship proceeding the judge will examine the person’s decision making ability with regard to money and property.  In a guardianship proceeding, the judge will seek the opinions and recommendations of various professionals appointed by the court to determine whether a person has legal capacity.

A full or plenary guardianship is granted only when the protected person needs assistance making all decisions regarding his/her affairs and care.  A full guardian and/or conservator must file regular reports to the court.

A limited guardian is appointed by the court when the protected person has the ability to manage some aspects of their personal life.  Limited guardianships and conservatorships are preferred under the law, as this allows the protected person to retain more of his/her right to self-determination.  The limited guardian and conservator must file regular reports to the court.

A temporary guardianship is used when the time taken for due process to appoint a guardian could cause “immediate and irreparable harm” to the alleged incapacitated adult.  In such cases, a notice will be sent to all appropriate parties and a full hearing will be scheduled later.  The court can decide whether a permanent guardianship or conservatorship is needed after considering the evidence.  However, the temporary guardianship or conservatorship will not automatically expire in 60-90 days unless an expiration date or time limit is noted in the court’s order.  Rather, it is necessary to return to court to terminate the temporary guardianship or grant permanent guardianship.


Inside New Mexico Conservatorship Laws