Section 45-5-404 - Original petition for appointment of conservator. - New Mexico Statutes

45-5-404. Original petition for appointment of conservator.

A.     Any of the following persons may petition for the appointment of a conservator:   

(1)     the person for whom a conservator is sought;   

(2)     any person who is interested in the estate, affairs or welfare of the person to be protected, including his spouse, parent, guardian or custodian; or   

(3)     any person who would be adversely affected by lack of effective management of the property and affairs of the person to be protected.   

B.     The petition shall state the following:   

(1)     the interest of the petitioner;   

(2)     the name, age, residence and address of the person for whom a conservator is sought;   

(3)     the name and address of the guardian, if any, of the person for whom a conservator is sought;   

(4)     the names and addresses, as far as known or as can be reasonably ascertained, of the persons most closely related by blood or marriage to the person for whom a conservator is sought;   

(5)     the approximate value and description of the property of the person for whom a conservator is sought including any compensation, insurance, pension or allowance to which the person may be or is entitled;   

(6)     the reasons why appointment of a conservator is necessary, including but not limited to evidence of the person's recent behavior that demonstrates gross mismanagement of his income and resources to the extent that it has led or is likely to lead in the near future to waste and dissipation of the income and resources;   

(7)     the name and address of the person or institution, if any, having the care and custody of the person for whom a conservator is sought;   

(8)     the steps taken to find less restrictive alternatives to the proposed conservatorship;   

(9)     the name and address of the person whose appointment is sought;   

(10)     the basis of his priority for appointment;   

(11)     the names and addresses of any other persons for whom the proposed conservator is a conservator if the proposed conservator is an individual; and   

(12)     the qualifications of the proposed conservator.