New Mexico § 45-5-405 Notice in conservatorship proceedings

New Mexico Statutes

§ 45-5-405 — Notice in conservatorship proceedings

New Mexico § 45-5-405

Ch. 45Uniform Probate Code

Art. 5Protection of Persons Under Disability and Their

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Bluebook

N.M. Stat. Ann. § 45-5-405 (2026).

Text

A.On filing of a petition under Section 45-5-404 NMSA 1978 for appointment of a conservator, the court shall set a date, time and place for a hearing on the petition.

B.A copy of a petition under Section 45-5-404 NMSA 1978 and notice of a hearing on the petition shall be served personally on the alleged incapacitated person. If the alleged incapacitated person's whereabouts are unknown or personal service cannot be made, service on the alleged incapacitated person shall be made as provided in Section 45-1-401 NMSA 1978. The notice shall inform the alleged incapacitated person of the alleged incapacitated person's rights at the hearing and the right to attend the hearing. The notice also shall include a description of the nature, purpose and consequences of granting the petition. The cour

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A. On filing of a petition under Section 45-5-404 NMSA 1978 for appointment of a conservator, the court shall set a date, time and place for a hearing on the petition. B. A copy of a petition under Section 45-5-404 NMSA 1978 and notice of a hearing on the petition shall be served personally on the alleged incapacitated person. If the alleged incapacitated person's whereabouts are unknown or personal service cannot be made, service on the alleged incapacitated person shall be made as provided in Section 45-1-401 NMSA 1978. The notice shall inform the alleged incapacitated person of the alleged incapacitated person's rights at the hearing and the right to attend the hearing. The notice also shall include a description of the nature, purpose and consequences of granting the petition. The court shall not grant a petition for appointment of a conservator if notice substantially complying with this subsection is not served on the alleged incapacitated person. C. In a proceeding on a petition under Subsection B of this section, the notice required shall be given to the persons required to be listed in the petition under Section 45-5-404 NMSA 1978 and any other person interested in the alleged incapacitated person's welfare the court determines. Failure to give notice under this subsection does not preclude the court from appointing a conservator. D. After the appointment of a conservator, notice of a hearing on a petition for an order under Part 4 of Chapter 45, Article 5 NMSA 1978, together with a copy of the petition, shall be given to: (1) the protected person subject to conservatorship if the protected person is not missing, detained or unable to return to the United States; (2) the conservator; and (3) any other person the court determines.