§ 45-5-404 — Original petition for appointment of conservator

A. The following may petition for the appointment of a conservator: (1) a person interested in the estate, financial affairs or welfare of an individual, including a person that would be adversely affected by lack of effective management of property or financial affairs of an individual; or (2) the guardian for an individual. B. A petition under Subsection A of this section shall state the petitioner's name, principal residence, current street address, if different, relationship to the alleged incapacitated person, interest in the appointment, the name and address of any attorney representing the petitioner and, to the extent known, the following: (1) the alleged incapacitated person's name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed that the alleged incapacitated person will reside if the petition is granted; (2) the name and address of the alleged incapacitated person's: (a) spouse, or, if the alleged incapacitated person has none, an adult with whom the alleged incapacitated person is in a long-term relationship of indefinite duration in which the individual has demonstrated an actual commitment to the alleged incapacitated person similar to the commitment of a spouse and in which the individual and the alleged incapacitated person consider themselves to be responsible for each other's well-being; (b) adult children or, if none, each parent and adult sibling of the alleged incapacitated person or, if none, at least one adult nearest in kinship to the alleged incapacitated person who can be found with reasonable diligence; and (c) adult stepchildren whom the alleged incapacitated person actively parented during the stepchildren's minor years and with whom the alleged incapacitated person had an ongoing relationship during the two years immediately preceding the filing of the petition; (3) the name and current address of each of the following, if applicable: (a) a person responsible for the care or custody of the alleged incapacitated person; (b) any attorney currently representing the alleged incapacitated person; (c) the representative payee appointed by the federal social security administration for the alleged incapacitated person; (d) a guardian or conservator acting for the alleged incapacitated person in New Mexico or another jurisdiction; (e) a trustee or custodian of a trust or custodianship of which the alleged incapacitated person is a beneficiary; (f) the fiduciary appointed for the alleged incapacitated person by the federal department of veterans affairs; (g) an agent designated under a power of attorney for health care in which the alleged incapacitated person is identified as the principal; (h) an agent designated under a power of attorney for finances in which the alleged incapacitated person is identified as the principal; (i) a person known to have routinely assisted the alleged incapacitated person with decision making in the six-month period immediately before the filing of the petition; and (j) any proposed conservator, including a person nominated by the alleged incapacitated person; (4) a general statement of the alleged incapacitated person's property with an estimate of its value, including any insurance or pension and the source and amount of other anticipated income or receipts; (5) the reason conservatorship is necessary, including a brief description of: (a) the nature and extent of the alleged incapacitated person's alleged need; (b) if the petition alleges the alleged incapacitated person is missing, detained or unable to return to the United States, the relevant circumstances, including the time and nature of the disappearance or detention and any search or inquiry concerning the alleged incapacitated person's whereabouts; (c) any less restrictive alternative for meeting the alleged incapacitated person's alleged need that has been considered or implemented; (d) if no less restrictive alternatives have been considered or implemented, the reason it has not been considered or implemented; and (e) the reason a less restrictive alternative is insufficient to meet the alleged incapacitated person's need; (6) whether the petitioner seeks a limited conservatorship or a full conservatorship; (7) if the petitioner seeks a full conservatorship, the reason a limited conservatorship instead of conservatorship is not appropriate; (8) if the petition includes the name of a proposed conservator, the reason the proposed conservator should be appointed; (9) if the petition is for a limited conservatorship, a description of the property to be placed under the conservator's control and any requested limitation on the authority of the conservator; (10) whether the alleged incapacitated person needs an interpreter, translator or other form of support to communicate effectively with the court or understand court proceedings; and (11) the name and address of an attorney representing the petitioner, if any.

Legislative History

1953 Comp., § 32A-5-404, enacted by Laws 1975, ch. 257, § 5-404; 1989, ch.