New Mexico Guardianships & Conservatorships

When a person becomes incapacitated, it is often necessary for someone to be appointed by a Court to oversee their affairs. New Mexico guardianship law defines an incapacitated person as one “who demonstrates, over time, either partial or complete functional impairment by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he or she is unable to manage personal affairs or is unable to manage estate or financial affairs or both.”

Guardianships v. Conservatorships

In such cases wherein a person has become incapacitated, Guardianship and Conservatorship offer a means of protecting the incapacitated person. Guardianships are established when an incapacitated person requires someone to be appointed to make non-economic life decisions such as healthcare decisions and residential placement decisions. If an incapacitated person’s finances are in jeopardy, the incapacitated person may require a Conservatorship whereby someone is appointed to oversee the income and assets and to pay the debts.

Guardians are required to work under court supervision and must prepare an annual report. The same goes for Conservators, who must also provide inventories and accountings.

If an elderly or incapacitated loved one becomes unable to make decisions or otherwise care for themselves, you may want to consider seeking a legal guardianship or conservatorship to give you and your family the ability to protect their interests.

Experienced New Mexico Guardianship & Conservatorship Attorney

The Law Office of Benjamin Hancock, P.C. can provide legal assistance with:

  • Establishing a guardianship or conservatorship;
  • Defend against unwanted guardianship or conservatorship proceedings;
  • Removing guardians or conservators in cases of mismanagement or other wrongdoing; and
  • Assisting with interstate transfers of guardianship or conservatorship proceedings.

Whenever guardianship or conservatorship is established, the court must always be guided by the best interests of the incapacitated person, and must always seek to maximize their freedom and independence to the extent possible. With 30 years of experience, The Law Office of Benjamin Hancock, P.C. can help with the guardianship and conservatorship process, and can help you protect those most in need of protection.

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