NM risk area
Guardianship risk in New Mexico
How courts appoint guardians for minors when no plan is in place.
New Mexico allows parents to appoint a guardian by will or signed writing and permits court appointments when parental rights are terminated or suspended.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- A parent may appoint a guardian for a minor by will or other signed writing with witnesses.
- A parental nominee has priority unless they fail to accept within the statutory window.
- The court may appoint a guardian if parental rights are terminated or suspended.
- A temporary guardian may be appointed for up to six months when necessary.
Questions to consider
Questions this risk area helps you evaluate in New Mexico
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
New Mexico allows parents to appoint a guardian by will or signed writing and permits court appointments when parental rights are terminated or suspended.
- A parent may appoint a guardian for a minor by will or other signed writing with witnesses.
- A parental nominee has priority unless they fail to accept within the statutory window.
- The court may appoint a guardian if parental rights are terminated or suspended.
- A temporary guardian may be appointed for up to six months when necessary.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Temporary or emergency guardianships may be available for urgent situations.
Sources
- https://codes.findlaw.com/nm/chapter-45-uniform-probate-code/nm-st-sect-45-5-202/
- https://codes.findlaw.com/nm/chapter-45-uniform-probate-code/nm-st-sect-45-5-204
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in New Mexico.