Section 28-16B-3 - Office; powers and duties. - New Mexico Statutes

28-16B-3. Office; powers and duties.

A.     The office of guardianship may:

(1)     promulgate rules in accordance with the State Rules Act [14-4-1 NMSA 1978] to carry out the provisions of the Office of Guardianship Act; and 

(2)     enter into agreements with other state or federal agencies to provide guardianship services and to provide or receive payment for such services.

B.     The office of guardianship shall:

(1)     contract for the provision of probate guardianship services to income-eligible incapacitated persons, including temporary guardianship as provided in Section 45-5-310 NMSA 1978;

(2)     provide for the recruitment and training of persons interested and willing to serve as mental health treatment guardians;

(3)     provide training and information to interested persons on the duties and responsibilities of guardians, including alternatives to guardianship and mental health treatment guardianship;

(4)     establish procedures for the investigation and resolution of complaints against contractors;

(5)     contract for attorneys to petition the district court for guardianship of persons believed to be incapacitated or to seek amendment or termination of existing guardianship orders if the needs or situation of protected persons have changed; provided that the selection of persons to be served under such contracts shall be made by the office based on selection criteria established by rule; and

(6)     serve as an interested person as defined in Subsection I of Section 45-5-101 NMSA 1978.