New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 11 - ADULT PROTECTIVE SERVICES
Part 5 - ADULT PROTECTIVE SERVICES LEGAL
Section 8.11.5.19 - TERMINATION/REMOVAL OF A GUARDIAN OR CONSERVATOR

Universal Citation: 8 NM Admin Code 8.11.5.19

Current through Register Vol. 35, No. 6, March 26, 2024

The adult, his personal representative, the conservator or guardian or any other interested persons, including the department, can petition the court for removal of the guardian/conservator and request the appointment of a successor, if in the adult's best interest. The court can remove a guardian or conservator, modify, or terminate a guardianship or conservatorship on the basis that the guardian/conservator:

A. is incapacitated;

B. has abused, neglected or exploited the adult;

C. is unable or unwilling to carry out his statutory duties;

D. continued function as guardian/conservator is not in the adult's best interest; or

E. the adult is no longer incapacitated and is capable of managing his person or finances and property.

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