A guardian is a person appointed by a court to make personal and health care decisions for someone who is impaired because of mental illness or dementia, physical disability or substance abuse. Someone who is impaired in this way is considered incapacitated. Before a court will appoint a guardian, the incapacitated person must have shown that s/he is not able to manage his or her personal care decisions. Personal care decisions cover such things as medical care, nutrition, clothing, shelter, hygiene or safety.

New Mexico law states that a guardianship should encourage the individual's independence and should be limited to the powers necessary to help with the person's mental and physical limitations. In New Mexico a guardian is appointed by a court to provide for the care, custody or control of the incapacitated person (called a ward). This chapter will outline your powers and duties after you are appointed as guardian.

Temporary Guardian
If you were named as a temporary guardian to take care of immediate and pressing needs, the order appointing you guardian will last only 60 days unless the attorneys and judge agree to extend it. During this time, you will only be able to do specific things outlined in the order, such as clean up your ward's house or agree to a medical procedure needed immediately. You should not move the ward from his or her residence unless the court specifically orders it.

Permanent Guardian
Once you have been named as the permanent guardian you will have the power to make certain decisions for your ward, depending on whether you are a limited or full guardian. As mentioned above, if the guardianship is limited, you will have the power only to make specific decisions for your ward. Your ward will be able to make all other decisions because s/he retains that right.

If you are the full guardian of the ward, you have the same powers, rights and duties that a parent of a minor child has except you do not have to pay your ward's bills out of your own money. Unlike a parent, you are not liable (legally responsible) for your ward's acts just because you are the guardian. You must be negligent or careless in some way to be liable for damages or injuries to others. You can find out more about your liability below.

You are entitled to the custody of the ward. That does not mean that your ward must live with you, but you must decide where s/he will live, depending on his or her wishes. You must decide what is appropriate for your ward: (1) staying in his or her home or apartment; (2) living in a shelter care, group home or an assisted living facility; or (3) moving into a nursing home. You are responsible generally for making sure that the ward stays healthy and his or her food and clothing needs are met. You are also responsible for recreation and for seeing that your ward receives appropriate training and education. Another very important responsibility of a full guardian is being able to consent to or refuse medical treatment of any kind for the ward. The order appointing you as guardian should state that you have complete authority over the incapacitated person's health care matters. The order should also state that the guardian's powers override any powers given to an agent previously appointed under a power of attorney.

In this chapter we'll cover the following topics:

• What You Should Do after Becoming a Guardian
• Choosing a Place to Live
• Tips for Guardians Who Live Outside New Mexico
• Arranging for Meals
• Caring for Clothes and Other Personal Property
• Arranging Recreation and Education
• Using Community Resources
• Making Health Care Decisions
• Limitations and Liabilities
• Fees for Serving as Guardian
• Reporting Requirements
• Ending a Guardianship
  

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