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JURISDICTION

NMSA 1978 ch. 45, art. 5A, pt. 2
in effect

NMSA 1978, § 45-5A-201 Definitions; significant-connection factors

45-5A-201. Definitions; significant-connection factors A. As used in Part 2 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act: (1) "emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety or welfare and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf; (2) "home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition; and (3) "significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. B. In determining pursuant to Section 45-5A-203 and Subsection E of Section 45-5A-301 NMSA 1978 whether a respondent has a significant connection with a particular state, the court shall consider: (1) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding; (2) the length of time the respondent at any time was physically present in the state and the duration of any absence; (3) the location of the respondent's property; and (4) the extent to which the respondent has ties to the state, such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship and receipt of services. 1978 Comp., § 45-5A-201, enacted by Laws 2011, ch. 124, § 68.

NMSA 1978, § 45-5A-202 Exclusive basis

45-5A-202. Exclusive basis Part 2 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act provides the exclusive jurisdictional basis for a New Mexico court to appoint a guardian or issue a protective order for an adult. 1978 Comp., § 45-5A-202, enacted by Laws 2011, ch. 124, § 69.

NMSA 1978, § 45-5A-203 Jurisdiction

45-5A-203. Jurisdiction A New Mexico court has jurisdiction to appoint a guardian or issue a protective order for a respondent if: A. New Mexico is the respondent's home state; B. on the date the petition is filed, New Mexico is a significant-connection state and: (1) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because New Mexico is a more appropriate forum; or (2) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and, before the court makes the appointment or issues the order: (a) a petition for an appointment or order is not filed in the respondent's home state; (b) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and (c) the court in New Mexico concludes that it is an appropriate forum pursuant to the factors set forth in Section 45-5A-206 NMSA 1978; C. New Mexico does not have jurisdiction pursuant either to Subsection A or B of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because New Mexico is the more appropriate forum and jurisdiction in New Mexico is consistent with the constitutions of New Mexico and the United States; or D. the requirements for special jurisdiction pursuant to Section 45-5A-204 NMSA 1978 are met. 1978 Comp., § 45-5A-203, enacted by Laws 2011, ch. 124, § 70.

NMSA 1978, § 45-5A-204 Special jurisdiction

45-5A-204. Special jurisdiction A. A New Mexico court lacking jurisdiction pursuant to Section 45-5A-203 NMSA 1978 has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in New Mexico; (2) issue a protective order with respect to real or tangible personal property located in New Mexico; and (3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued pursuant to procedures similar to Section 45-5A-301 NMSA 1978. B. If a petition for the appointment of a guardian in an emergency is brought in New Mexico and New Mexico was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment. 1978 Comp., § 45-5A-204, enacted by Laws 2011, ch. 124, § 71.

NMSA 1978, § 45-5A-205 Exclusive and continuing jurisdiction

45-5A-205. Exclusive and continuing jurisdiction Except as otherwise provided in Section 45-5A-204 NMSA 1978, a court that has appointed a guardian or issued a protective order consistent with the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms. 1978 Comp., § 45-5A-205, enacted by Laws 2011, ch. 124, § 72.

NMSA 1978, § 45-5A-206 Appropriate forum

45-5A-206. Appropriate forum A. A New Mexico court having jurisdiction pursuant to Section 45-5A-203 NMSA 1978 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. B. If a New Mexico court declines to exercise its jurisdiction pursuant to Subsection A of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state. C. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including: (1) any expressed preference of the respondent; (2) whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation; (3) the length of time the respondent was physically present in or was a legal resident of New Mexico or another state; (4) the distance of the respondent from the court in each state; (5) the financial circumstances of the respondent's estate; (6) the nature and location of the evidence; (7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; (8) the familiarity of the court of each state with the facts and issues in the proceeding; and (9) if an appointment of a guardian or conservator were to be made, the court's ability to monitor the conduct of the guardian or conservator. 1978 Comp., § 45-5A-206, enacted by Laws 2011, ch. 124, § 73.

NMSA 1978, § 45-5A-207 Jurisdiction declined by reason of conduct

45-5A-207. Jurisdiction declined by reason of conduct A. If at any time a New Mexico court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to: (a) ensure the health, safety and welfare of the respondent or the protection of the respondent's property; or (b) prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after considering: (a) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (b) whether it is a more appropriate forum than the court of any other state pursuant to the factors set forth in Subsection C of Section 45-5A-206 NMSA 1978; and (c) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Section 45-5A-203 NMSA 1978. B. If a New Mexico court determines that it acquired jurisdiction to appoint a guardian or to issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses and travel expenses. The court shall not assess fees, costs or expenses of any kind against New Mexico or a governmental subdivision, agency or instrumentality of New Mexico unless authorized by law other than the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. 1978 Comp., § 45-5A-207, enacted by Laws 2011, ch. 124, § 74.

NMSA 1978, § 45-5A-208 Notice of proceeding

45-5A-208. Notice of proceeding If a petition for the appointment of a guardian or issuance of a protective order is brought in New Mexico and New Mexico was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of New Mexico, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice shall be given in the same manner as notice is required to be given in New Mexico. 1978 Comp., § 45-5A-208, enacted by Laws 2011, ch. 124, § 75.

NMSA 1978, § 45-5A-209 Proceedings in more than one state

45-5A-209. Proceedings in more than one state Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in New Mexico pursuant to Paragraph (1) or (2) of Subsection A of Section 45-5A-204 NMSA 1978, if a petition for the appointment of a guardian or issuance of a protective order is filed in New Mexico and in another state and neither petition has been dismissed or withdrawn, the following rules apply: A. if the New Mexico court has jurisdiction pursuant to Section 45-5A-203 NMSA 1978, it may proceed with the case unless a court in another state acquires jurisdiction pursuant to provisions similar to Section 45-5A-203 NMSA 1978 before the appointment of the guardian or issuance of the protective order; and B. if the New Mexico court does not have jurisdiction pursuant to Section 45-5A-203 NMSA 1978, whether at the time the petition is filed or at any time before the appointment of the guardian or issuance of the protective order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the New Mexico court shall dismiss the petition unless the court in the other state determines that the New Mexico court is a more appropriate forum. 1978 Comp., § 45-5A-209, enacted by Laws 2011, ch. 124, § 76.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18546/index.doFetched: 10/20/2026

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