New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 11 - ADULT PROTECTIVE SERVICES
Part 5 - ADULT PROTECTIVE SERVICES LEGAL
Section 8.11.5.17 - GUARDIANSHIPAND CONSERVATORSHIP
Current through Register Vol. 35, No. 18, September 24, 2024
A. The department explores other options such as representative payee, power of attorney, surrogate decision-makers, trusts and living wills, prior to initiating guardianship or conservatorship proceedings.
B. The department recommends limiting the powers of a guardianship or conservatorship to only those areas necessary to accommodate the adult's limitations.
C. The APS attorney completes the guardianship/conservatorship petition based on information provided by the department caseworker.
D. The department provides written notice that a petition has been filed. A copy of the petition and any interim order is served personally on the alleged incapacitated adult and given to all interested parties at least 14 days before the date the hearing is scheduled. Interested parties entitled to notice include:
E. Unless the adult has his own attorney, the court must appoint one to represent him.
F. The department recommends a qualified health care professional to examine the adult prior to the hearing.
G. The department provides the visitor a letter outlining the responsibilities of the visitor as per the Probate Code and the department and requests that the visitor sign a statement of confidentiality.
H. Department employees cannot serve as visitors in cases filed by the APS attorney.