Perhaps the alternatives discussed in Chapters One and Two will not work with the family member or friend whom you are trying to help. You may then have to consider a guardianship and/or conservatorship in order to assist that person.

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 (note). 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.

A conservator is a person appointed by a court to make financial decisions for an incapacitated person. The court may appoint a conservator to manage the property or financial affairs of an incapacitated person or minor ward. To become a guardian or conservator for another usually requires a lengthy court proceeding. However, a guardian can be named in a will and be recognized after a much shorter court procedure.

There are two ways to become the guardian and/or conservator of an adult in New Mexico: (1) being named in a will; or (2) being appointed by a judge in a court proceeding.

In this chapter we'll cover:

• Appointment of Guardian by Will
• Appointment of Guardian and/or Conservator by Court Proceeding
  

Start Guardian or Conservator: Court Proceeding >