New Mexico Legal Guardianship Forms Explained

An Overview of Legal Guardianships in New Mexico

A legal guardianship is a relationship in which one party (the guardian) is appointed by the court to care for and make decisions on behalf of another party (the ward). In New Mexico, legal guardianships are primarily established for children who are no longer able to safely, adequately, or appropriately care for themselves, as determined by the New Mexico Children’s Code. Legal guardianships in this context can provide the foundation for a permanent plan for the child, or they can be temporary arrangements, in which a parent or other relative’s parental rights are not permanently severed. Legal guardianships may also be established for adults who have become incapacitated and unable to care for themselves, whether this incapacity is due to age, a medical condition, a disability, or some other reason . However, establishing a legal guardianship over an adult often requires a more exhaustive explanation of how other less restrictive alternatives, such as medical powers of attorney or enduring powers of attorney, have been exhausted as possible options first. These alternatives are often more preferred if they can be successfully employed and if they make legal guardianship unnecessary. Whether establishing a legal guardianship for a child or for an adult, understanding the basics of the legal guardianship process is essential for those seeking to obtain such a guardianship. With the right guidance, information, and information and assistance, guardianship applicants can avoid unnecessary obstacles and delays and work toward solving the problems caused by their proposed ward’s inability to care for themselves.

Different Kinds of Guardianships

In the world of estate planning and elder law, the term "guardianship" has a very specific meaning. To New Mexico legal guardianship forms practitioners, the term "guardianship" is a legal construct that is more akin to what is commonly referred to as an "adult conservatorship" in other states. An adult guardianship involves the appointment of a person or organization to manage the financial affairs and other legal matters for another person who generally is not competent to do so him or herself. At Guardianship Services of New Mexico, we are very dedicated to our work, and that commitment extends to ensuring that we use the language that best describes the circumstances in each guardianship case.
When the ward (person for whom a guardian has been appointed) is a minor child, we refer to that case as a "minor guardianship". Some rare cases occur when a guardian is named for a unique purpose or a limited time. In those cases, we call it a "limited guardianship". A "temporary guardianship" is one type of limited guardianship that is allowed under New Mexico state law. There are certain situations where medical providers will only provide healthcare to a minor child or some adults if there is a named guardian in place. That’s likely a situation where a temporary guardianship is needed. There are also cases when someone is a minor child but nearing the age of majority (18 years of age). If there are no parents available to manage the child’s affairs, a minor guardianship can be filed to take over once the 17th birthday has passed. This process avoids the need for a temporary guardianship since court approval will be requested after the petition is filed.
Adult guardianships can be filed immediately once there is sufficient evidence to present to the court. The main requirement in New Mexico is that the proposed ward is incompetent to make decisions for him or herself. That incompetence can stem from many conditions, but is most often caused by dementia or Alzheimer’s disease. An adult guardianship can be started if there are concerns about someone financially exploiting the vulnerable adult, although the court does not automatically pick a new guardian for the ward until it can determine that the named guardian is not suitable. In the meantime, a "conservator" is appointed to act as the guardian during the pendency of a guardianship case. A conservator is more limited in that they may only act with respect to financial matters for the ward. The conservatorship ends upon completion of the guardianship proceeding, at which time the ward’s finances will be under the full control of his or her guardian.
Another unique situation can arise when the proposed guardian is married to the proposed ward. In that case, the existing spousal relationship sometimes gives rise to a different guardianship form: the "incompetent adult guardianship". NM legal guardianship forms are very specific, and the wording of each form must be used "as written". Any mistakes on even the slightest detail can cause delays and require additional steps.
The adult guardianship case process starts once the appropriate Petition is filed with the court in the county where the proposed ward resides. The court must then schedule a hearing date to consider the Petition, and, generally speaking, the proposed guardian (petitioner) will be required to obtain an independent medical report to submit to the judge before the hearing can be held. At the hearing, testimony will be taken to determine if the proposed ward is incompetent to make decisions for him or herself. The court may appoint a Temporary Conservator at the same time and issue an Emergency Order to give the temporary conservator immediate authority over the ward’s finances while the case is pending.
The client is usually the person who will receive the benefit from becoming a guardian for someone else. It is important to hire an attorney who has experience and knows how to complete the legal work correctly, the first time around. Hiring a law firm with a reputation for quality and reasonable fees will help you avoid complications and additional fees.

How to Get Guardianship Forms

New Mexico guardianship forms can be found on the websites for two of the state’s key court systems. The New Mexico Administrative Office of the Courts has a page on its website containing forms specifically for the: Forms for these two courts may be accessed at these links: The Administrative Office of the Courts also has a page on its site dedicated to statewide probate forms that may be used throughout the states’ courts, including Form 1-206, Application for Appointment of Guardian and Form 1-208, Consent to Visitations by Guardian. These forms are available in both English and Spanish. Individuals requiring guardianship forms that are not found on the above-mentioned court websites may be able to obtain them through these organizations: In addition, there are private companies and legal service providers that make available with pre-filled New Mexico guardianship forms such as Rocket Lawyer.

Instructions for Filling out the Guardianship Forms

So, you’re ready to complete the New Mexico guardianship forms! The first thing you need to get clear in your mind is there are two sets of forms. One set of forms is used if the person you are trying to determine the capacity of (or incapacitated person) is NOT currently in need of emergency guardianship for their own health and safety. It may seem like a better idea to deal with the emergency first rather than the non-emergency as we call it… but here’s the deal, if you have any room in your head to consider the non-emergency … do it, and do it NOW. Why? Because the second set of forms takes longer to process through the courts. If your person needs emergency guardianship, that’s a different question, and we’ll deal with the second set of forms when we get there later. The Non-Emergency Guardianship Forms will ask you the questions you don’t want to think about (and will require some very careful thought). As you fill out the forms, you will want to ask yourself: If you can’t answer any of those questions, it’s time to call in the reinforcements. Who is the reinforcements? A professional. I do tend to think everyone in life should try to figure out things for themselves… and if you can get this without professional help, by all means go for it. It’s kind of like building a house, if you want to save the most money possible, you do it all yourself…. as long as you’re able to do it. There comes a point when you must accept hiring a professional will save you time, money, and hopefully some grief. This is true with the New Mexico Guardianship form process. Any problems you run into, such as how to get the doctor to sign the medical evaluation, or how to get a certified guardian ad litem, or getting the person to comply with whatever the guardianship process requires of them, you will be better off hiring an attorney to do most of that for you. Most times, you will end up hiring an attorney anyway, just to get them to sign off on the witness statements. We will go over the costs associated with hiring an attorney to review the forms. But for those of you who want to try it yourself, it is worth the effort to put in the hours of work to get these completed. They form the backbone of a successful guardianship, and it’s also important for the judge to know you have really tried to get your person to accept this arrangement.

Assembling and Filing the Forms with the Courts in New Mexico

For the New Mexico guardianship forms to be effective, they must be filed with the appropriate New Mexico court. For example, if you file a letter of guardianship for a minor child, then you need to file the form in the county where the child resides. Filing the guardianship forms is not an arduous task. However, there are a couple important details to keep in mind.
First, you need to make sure you are submit the letter of guardianship to the right district court. There are sixty-six different district courts scattered throughout all across New Mexico. They have jurisdiction over cases within their immediate county.
Second, there will be filing fees associated with any New Mexico district court. The fees will vary but it is not unusual to have to pay an estimated filing fee of around $100 per form that you file .
Third, you need to sit down and budget out your time. While most forms are not time sensitive, you need to be aware that some forms must be filed within certain time limits. Beyond this, once submitted the court will take some time to review your filing before it "accepts" the guardianship order as valid. On average, this process may take two to three weeks after the initial submission.
Finally, make sure that you have a good idea of when the court will be closed for holiday or maintenance. It is rarely a good idea to try and file the New Mexico guardianship forms at the last second. Even in emergency situations, you will want to file the appropriate paperwork early on to ensure that the guardianship order can be put into effect.

Frequent Errors and How to Avoid Them

The most common mistakes are listed below:
Form I – Petition for Appointment of Guardian and/or Conservator
Many people do not include the date of petition on the top left corner of the Form I. This field needs to be completed.
Form I – Petition for Appointment of Guardian and/or Conservator
Failure to include the "Last Ties to New Mexico" is a reoccurring problem. The best way to address the issue is to ensure the adult (or incapacitated person) answers the question as to where he/she lived for the 10 years prior to his/her move to New Mexico. This should avoid delays in the process. The question on the application has been changed to clarify that the adult (or incapacitated person) is to answer the question for the 10 years prior to his/her move to New Mexico.
Form II – Order Appointing Guardian and/or Conservator
The Order Appointing Guardian and/or Conservator is to be filed with the Court after the hearing on the guardianship or conservatorship has been held and before it is signed by the Judge. In most instances, the Order will not be signed at the time of the hearing but will be signed and filed by the Court following the hearing.
Form V – Letters of Guardianship/Conservatorship
Letters of Guardianship/Conservatorship are intended to be issued within 10 days after the signing of the order by the Judge. Letters can be issued prior to the Judge’s signing; however, the Judge will not sign Letters until the Clerk of the Court has made the Letters of Guardianship/Conservatorship available for issuance. The financial institution, Medicaid and others will not accept the Letters until it is actually filed with the Court. It is crucial to submit the Letters within 10 days after the Judge signs and the Letters are filed.
Form VI – Report of Guardian
Form VI is the Report of Guardian. In this report, the Guardian is to provide an update of the status of the adult (incapacitated person). A failure to file the Report of Guardian will result in a Notice of Show Cause to issue. A Notice of Hearing will be set and you will be required to appear before a Judge to show cause as to why a new guardian should be appointed. It is important to provide the court with an annual Report of Guardian in order to maintain your appointment as Guardian.

Where to Get Legal Assistance and Guidance

When legal uncertainty looms, consulting a seasoned professional can provide clarity. When it comes to New Mexico legal guardianship forms, the importance of consulting an attorney cannot be understated. A knowledgeable attorney can prevent you from making costly mistakes, and can also help you to navigate the often complicated processes involved with these forms.
For instance, when filing a Proceeding for Appointment of Guardian, you may be tempted to go it alone and simply create your own forms, but this is not recommended. Guardianship law in New Mexico can be tricky, and without legal guidance, you could easily end up making mistakes or omissions on your forms that result in delays or denial of your case. The same goes for the other New Mexico legal guardian forms covered in this article.
When working with vulnerable individuals, whether they are elderly, disabled, or have temporary medical issues, it is essential to be especially thorough and precise during the legal process. Missteps could result in your authority as guardian being called into question, and may cause harm to the individuals that you are trying to protect.
An attorney may also be able to suggest alternate methods of handling your situation that you might not have considered. In some cases, family members may simply be able to petition the court to obtain power of attorney or have the individual in question placed under temporary conservatorship, which are generally less formal and complex than guardianship.
To learn more about the necessity of legal guidance when it comes to regulating New Mexico legal guardianship forms and other associated forms, talk to an attorney.

Sources and Further Reading

To stay informed on guardianship issues in New Mexico, the following organizations provide comprehensive overviews and resources: The New Mexico Office of Guardianship, which is provided by the New Mexico Department of Health , offers detailed information on what’s required to be a guardian in New Mexico. Guardianship Alliance of New Mexico is a nonprofit organization that educates guardians and family members about legal and advocacy issues concerning guardianship in the state. The New Mexico Guardianship Works Coalition addresses various issues surrounding guardianship in the state of New Mexico and advocates for best practice standards and legal reforms. The Third District Court Guardianship Program shares state resources and forms for those seeking guardianship in New Mexico. The Special Needs Alliance is a national organization comprised of attorneys experienced in special needs and disability law.