Section 45-5-405 - Notice in conservatorship proceedings. - New Mexico Statutes

45-5-405. Notice in conservatorship proceedings.

A.     In a proceeding for the appointment or removal of a conservator of an incapacitated person or a person to be protected, other than the appointment of a temporary conservator or the temporary suspension of a conservator, notice of hearing and a copy of the petition and any interim orders that may have been entered shall be given to each of the following:   

(1)     the person to be protected; and   

(2)     his spouse, parents and adult children, or if there are no adult children, at least one of his closest adult relatives if any can be found.   

Notice of hearing shall be given to any person who is serving as the guardian or conservator of the person to be protected or who has primary responsibility for his care.   

B.     Notice shall be served personally on the person to be protected and his spouse if the spouse can be found within New Mexico.  Notice to an out-of-state spouse, parent and all other persons, except the person to be protected, shall be given as provided in Section 45-1-401 NMSA 1978.   

C.     At least fourteen days' notice shall be given before the hearing takes place.  The notice should be in plain language and large type and shall include the following information and shall be substantially in the following form:    "NOTICE 

TO:  (name and address of person receiving notice)  

On (date of hearing) at (time of hearing) in (place of hearing) at (city), New Mexico, the (name and address of court) will hold a hearing to determine whether a conservator should be appointed for (name of the person to be protected). The purpose of this proceeding is to appoint a conservator. A copy of the petition requesting appointment of a conservator is attached to this notice.  

At the hearing, the court will determine whether (name of person to be protected) needs to be protected by a conservator under New Mexico law.  

If the court finds that (name of the person to be protected) is in need of a conservator, the court at the hearing shall also consider whether (name of proposed conservator, if any) should be appointed as conservator of (name of person to be protected).  The court may, in its discretion, appoint some other qualified person as conservator.  The court may also, in its discretion, limit the powers and duties of the conservator to allow (name of person to be protected) to retain control over certain activities.  

(Name of person to be protected) shall attend the hearing and be represented by an attorney.  The petition may be heard and determined in the absence of (name of person to be protected) if the court determines that the presence of (name of person to be protected) is not required.  If (name of person to be protected) attends the hearing and is not represented by an attorney, the court shall appoint an attorney to represent the person to be protected.

     ________________________________

     (signature of petitioner)".

D.     Notice of a petition for appointment of a conservator and of any subsequent hearing shall be given to any interested person who has filed a request for notice under Section 45-5-406 NMSA 1978 and to such other persons as the court may direct. Except as otherwise provided in Subsection A of this section, notice shall be given in accordance with Section 45-1-401 NMSA 1978.