Guardians and conservators are required to submit annual reports which lets the Judge know information about the protected person and decisions that are made on behalf of the protected person. These reports must be filed every year and are due thirty (30) days after the anniversary date that the Judge appointed the guardian and/or conservator. The 2018 law increased the late fine for overdue reports to $25 per day.

Since July 1, 2018, it is mandatory that guardians and conservators use the new forms specified in the court rules. For more information on how to fill out these annual reports, click here to access the Adult Guardian and Conservator Orientation Program (VIDEOS). To access the reports guardians and conservators are required to file, click here to access the new Annual Report forms.

Changes in the 2018 law imposed new bonding requirements on conservators to help safeguard the assets of a protected person. The law also requires guardians and conservators to keep the protected person’s financial records for seven (7) years and to fully comply with the requirements of any audit of the protected person’s account, inventory, report, or property.

The 2019 law requires professional guardians and professional conservators be certified by the Center for Guardianship Certification. Click here for the Rule Requiring Professional Guardians and Conservators to be Certified.

The 2021 law directs the Office of the State Auditor to review all annual reports filed by conservators, establishes an auditing process and grants the State Auditor the power to subpoena documents necessary to conduct an audit on the contents of conservator’s annual report.

The 2018 law opened court hearings in guardianship and conservatorship proceedings that were previously closed to the public. Access to court records, especially before the appointment of a guardian or conservator, was expanded for family members and others entitled to notice of guardianship proceedings. Click here to access a chart that outlines the different levels of access to documents in Adult Guardianship cases.

The 2019 law created a new grievance process that allows anyone to file a complaint about a guardian or conservator. Click here to watch a video, How to File a Grievance. To access a form to file a grievance against a guardian or a conservator, please click here.

The 2021 law created the Guardianship Annual Report Review Division (GARRD) at the Administrative Office of the Courts. GARRD staff are required to review all annual reports filed by guardians and the results of the review are forwarded to the judge assigned to the guardianship case.

The 2021 law requires the guardian ad litem to identify and present all available less restrictive alternatives to guardianship to the judge.

The 2022 law made significant changes to the temporary adult guardianship and conservatorship process.  An adult guardianship/conservatorship case begins when a petition is filed at the district court. If harm to the alleged incapacitated person may occur while waiting for the judge to hold a hearing on the petition, the judge may appoint a temporary guardian and/or a temporary conservator. The appointment of a temporary guardian and/or conservator should only be used as an temporary measure to provide immediate protection to the alleged incapacitated person.

Temporary Guardian – A judge may appoint a temporary guardian upon a finding that serious, immediate and irreparable harm to the alleged incapacitated person’s health, safety or welfare would result during the pendency of the petition.

Temporary Conservator – A judge may appoint a temporary conservator upon a finding that serious, immediate and irreparable harm to the alleged incapacitated person’s estate and financial interests would result during the pendency of the petition.

Some of the changes to the temporary guardianship/conservatorship process include:

• Requires the filing of a separate motion for the temporary appointment of a guardian and/or conservator.
• If a temporary guardian and/or conservator is appointed, a hearing must be held within 10 business days.
• If a temporary guardian and/or conservator is appointed, the alleged incapacitated person must be personally served within 24 hours of the appointment.
• A guardian ad litem (GAL) must be appointed if a temporary guardian and/or conservator is appointed and the GAL shall file a report no later than 2 days prior to the 10 day hearing.
• The duration of a temporary guardian/conservator appointment shall not exceed thirty (30) days. However, if after a hearing in which there is a showing of good cause, the court may extend the temporary guardianship and/or conservatorship for no more than an additional sixty (60) days.
• A temporary guardian and/or conservator shall submit an initial written report within fifteen (15) days of appointment and shall file a final written report within fifteen (15) days of the termination of the temporary guardianship/conservatorship.
• A temporary guardian and/or conservator may not sell or dispose of any property belonging to the alleged incapacitated person, or make a change to the housing or placement of the alleged incapacitated person, without specific authorization from the court.

The 2018 law prevents a guardian from placing limits on visitation with the protected person without approval from the judge.  A guardian for a protected person shall not restrict the ability of the protected person to communicate, visit or interact with others, including receiving visitors and making or receiving telephone calls, personal mail or electronic communications, including through social media or participating in social activities, unless authorized by the court by specific order.

A guardian may limit visitation with a protected person for a period up to seven (7) business days with family or with a pre-existing social friend; or for a period of no more than sixty (60) days if the person is not family or have a pre-existing social friendship without a specific court order.

The 2021 law created a new pilot project effective July 1, 2022 – June 30, 2023. Three locations were selected by the Supreme Court to participate in this pilot project: First Judicial District, Fifth Judicial District and Twelfth Judicial District. The Office of Guardianship is responsible for recruiting, training, and providing volunteer court visitors (post-adjudication) in randomly selected cases in these pilot judicial districts. The volunteer court visitor shall visit the protected person and submit a report to the assigned judge about whether the guardianship should be continued, changed, or dismissed.

The 2021 law directed the Supreme Court to create a Working Interdisciplinary Network of Guardianship Stakeholders (WINGS) group to continue reviewing the adult guardianship system in New Mexico. For more information on WINGS, click here to access the WINGS webpage.