Rule text
A. Scope. This rule establishes the requirement that any proposed guardian or conservator of an alleged incapacitated person must view the New Mexico Courts' Guardian and Conservator Orientation Program videos prior to being appointed guardian or conservator.
B. Applicability. This rule applies to proposed guardians and conservators and to proposed professional guardians or conservators.
C. Definitions. For the purpose of this rule, a "professional guardian or conservator" means an individual or entity that serves as guardian or conservator for more than two individuals who are not related to the guardian or conservator by marriage, adoption, or third degree of blood or affinity.
D. Required videos for proposed guardian. Prior to the Court appointing a guardian, the proposed guardian must view the following videos of the New Mexico Courts' Guardian and Conservator Orientation Program:
(1) Introduction;
(2) Guardian Orientation;
(3) How to Complete the Guardian's Report;
(4) Guide to Filing and Distributing Guardian and Conservator's Reports;
(5) Abuse and Neglect; and
(6) How to File a Grievance.
E. Required videos for proposed conservator. Prior to the Court appointing a conservator, the proposed conservator must view the following videos of the New Mexico Courts' Guardian and Conservator Orientation Program: (1) Introduction;
(2) Conservator Orientation;
(3) Overview of Conservator's Report and Bonding Requirements;
(4) How to Complete the Conservator's Inventory;
(5) How to Complete the Conservator's Report;
(6) Guide to Filing and Distributing Guardian and Conservator's Reports;
(7) Abuse and Neglect; and
(8) How to File a Grievance.
F. Proof of viewing. No later than five (5) calendar days before the hearing on a petition to appoint a guardian or conservator, the proposed guardian or conservator shall file a certificate with the court stating that the required videos have been viewed.
[Adopted by Supreme Court Order No. 21-8300-001, effective for cases pending or filed on or after February 1, 2021.]
Cover Sheet for use with Rule 1-145 NMRA STATE OF NEW MEXICO
COUNTY OF ________________________
__________________ JUDICIAL DISTRICT
In the matter of _________________________, No. _________________ a Protected Person.
SEALED - CONFIDENTIAL INFORMATION
This filing complies with Rule 1-145 NMRA and contains confidential financial statements in the above referenced matter. Pursuant to Rule 1-145(E)(3)(b), these records shall "be automatically sealed by the court, without the need for a separate court order."
According to Rule 1-145(E)(3)(e), this separate filing shall "not be disclosed to any person or entity other than the State Auditor .... unless authorized by court order. Absent a court order, and notwithstanding the provisions of Rule 1-079.1(C)(4) NMRA, the confidential filing required under this Paragraph shall not be disclosed to the protected person, the parties to the proceeding, a court-appointed guardian, or counsel of record and their employees."
A total of ___________ pages, containing confidential financial statements for or on behalf of the protected person, are being submitted to the Court by (select one):
□ the court-appointed conservator or □ the court-appointed guardian
in the above referenced matter.
Date ________________________________
________________________________ Signature ________________________________ Typed/Printed Name ________________________________ Street or Post Office Address ________________________________ City, State and Zip Code