New Mexico § 45-5-314 Annual report; audits

New Mexico Statutes

§ 45-5-314 — Annual report; audits

New Mexico § 45-5-314

Ch. 45Uniform Probate Code

Art. 5Protection of Persons Under Disability and Their

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Bluebook

N.M. Stat. Ann. § 45-5-314 (2026).

Text

A.The guardian of an incapacitated person shall file an initial report with the appointing court within ninety days of the guardian's appointment. Thereafter, the guardian shall file an annual report within thirty days of the anniversary date of the guardian's appointment. A copy of the report shall also be submitted to the district judge who appointed the guardian or the judge's successor, to the incapacitated person and to the incapacitated person's conservator, if any. The guardianship annual report review division at the administrative office of the courts shall review all reports upon their filing. The results of the review shall be delivered to the district judge presiding over the guardianship case. The report shall include information concerning the progress and condition of the i

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A. The guardian of an incapacitated person shall file an initial report with the appointing court within ninety days of the guardian's appointment. Thereafter, the guardian shall file an annual report within thirty days of the anniversary date of the guardian's appointment. A copy of the report shall also be submitted to the district judge who appointed the guardian or the judge's successor, to the incapacitated person and to the incapacitated person's conservator, if any. The guardianship annual report review division at the administrative office of the courts shall review all reports upon their filing. The results of the review shall be delivered to the district judge presiding over the guardianship case. The report shall include information concerning the progress and condition of the incapacitated person, including the incapacitated person's health, medical and dental care, residence, education, employment and habitation; a report on the manner in which the guardian carried out the guardian's powers and fulfilled the guardian's duties; and the guardian's opinion regarding the continued need for guardianship. If the guardian has been provided power pursuant to Paragraph (4) of Subsection B of Section 45-5-312 NMSA 1978, the report shall contain information on financial decisions made by the guardian. Only reports that substantially comply with forms approved by the supreme court shall be accepted by the court as fulfilling the requirements of this section. B. Any guardian may rely on a qualified health care professional's current written report to provide descriptions of the physical and mental conditions required in the report provided for in Subsection A of this section. C. The guardian may be fined twenty-five dollars ($25.00) per day for an overdue interim or annual report. The fine shall be paid to the current school fund. D. The court shall not waive the requirement of an annual report under any circumstance but may grant an extension of time not to exceed sixty days. The court may require the filing of more than one report annually. E. A guardian of a protected person shall fully comply with the requirements of any audit of an account, inventory, report or property of a protected person.