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NEW MEXICO STATUTES AND CODES

Section 28-16B-4 - Contract monitoring and enforcement.

28-16B-4. Contract monitoring and enforcement.

A.     The office of guardianship shall monitor and enforce all guardianship contracts.  In carrying out this duty, the office may:

(1)     have access to case records, copies of court filings and reports, financial records and other records maintained by contractors related to contract services provided unless specifically sequestered by the court;

(2)     petition the court of jurisdiction for access to records that have been sequestered; 

(3)     arrange visits with protected persons who are served by contract guardians; and

(4)     pursue legal and other remedies against contractors for noncompliance with contract provisions.

B.     The office shall protect and maintain the confidentiality of all client-specific information and records obtained to the same extent as required for the contractor and to any extent otherwise required by state or federal law.

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