You may have had a difficult time accepting that your family member or friend is so incapacitated that s/he can no longer make health care and/or business decisions. You have discovered that because this person did no planning, a court-appointed guardian and/or conservator is necessary. Or you may have a developmentally disabled child who is now an adult and needs a guardian. You may then have had family disputes about who is best qualified to serve or who has the person’s best interests at heart. Who has the time, patience and knowledge to make personal care decisions, living arrangements and financial investments for the incapacitated person? Finally, however, the court has appointed you as guardian (with the power to make all health and personal care decisions) and conservator (with the power to make all business and financial decisions).

So you’re appointed. Now what? How do you make health care decisions for someone else? What if they did not put their wishes in writing before they became incapacitated? What if they have never had capacity? Can they get married to someone they meet in the nursing home? A bank certificate of deposit is coming due next month. Can you cash it in and buy some stock instead? Tax returns will be due soon. And New Mexico law requires conservators to file an annual report and accounting. Even guardians must file an annual report.

This training should help you in your new job as guardian and/or conservator for another. The training is meant for those who serve as guardian and/or conservator for adults, not minor children. Many incapacitated people are older, but may also be young adults with temporary or permanent physical or mental disabilities. The training describes your duties, responsibilities and contains other resources if you need more help. Although this training is a useful resource, it cannot completely answer all of your questions or cover every problem that may arise. At times you may need the help of a lawyer, accountant, tax preparer, social worker, or case manager.

In this chapter we'll cover:

• The protected person's rights

Start The Protected Person's Rights >