GENERAL PROVISIONS

NMSA 1978 ch. 45, art. 5A, pt. 1

in effect

NMSA 1978, § 45-5A-101 Short title

45-5A-101. Short title Chapter 45, Article 5A NMSA 1978 may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act". 1978 Comp., § 45-5A-101, enacted by Laws 2011, ch. 124, § 62.

NMSA 1978, § 45-5A-102 Definitions

45-5A-102. Definitions As used in the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act: A. "adult" means an individual who has attained eighteen years of age; B. "conservator" means a person appointed by the court to administer the property of an adult, as provided in Chapter 45, Article 5 NMSA 1978; C. "court" means the district court; D. "guardian" means a person appointed by the court to make decisions regarding the person of an adult, as provided in Chapter 45, Article 5 NMSA 1978; E. "guardianship order" means an order appointing a guardian; F. "guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued; G. "incapacitated person" means an adult for whom a guardian has been appointed; H. "party" means the respondent, petitioner, guardian, conservator or any other person allowed by the court to participate in a guardianship or protective proceeding; I. "protected person" means an adult for whom a protective order has been issued; J. "protective order" means an order appointing a conservator or other order related to management of an adult's property; K. "protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued; and L. "respondent" means an adult for whom a protective order or the appointment of a guardian is sought. 1978 Comp., § 45-5A-102, enacted by Laws 2011, ch. 124, § 63.

NMSA 1978, § 45-5A-103 International application of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

45-5A-103. International application of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act A New Mexico court may treat a foreign country as if it were a state for the purpose of applying Parts 1, 2, 3 and 5 of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. 1978 Comp., § 45-5A-103, enacted by Laws 2011, ch. 124, § 64.

NMSA 1978, § 45-5A-104 Communication between courts

45-5A-104. Communication between courts A. A New Mexico court may communicate with a court in another state concerning a proceeding arising pursuant to the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. The court may allow the parties to participate in the communication. Except as otherwise provided in Subsection B of this section and except as otherwise provided by rules adopted by the New Mexico supreme court, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred. B. Except as otherwise provided by rules adopted by the New Mexico supreme court, courts may communicate concerning schedules, calendars, court records and other administrative matters without making a record. 1978 Comp., § 45-5A-104, enacted by Laws 2011, ch. 124, § 65.

NMSA 1978, § 45-5A-105 Cooperation between courts

45-5A-105. Cooperation between courts A. Except as otherwise provided by rules adopted by the New Mexico supreme court, in a guardianship or protective proceeding in New Mexico, a New Mexico court may request the appropriate court of another state to do any of the following: (1) hold an evidentiary hearing; (2) order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (3) order that an evaluation or assessment be made of the respondent; (4) order any appropriate investigation of a person involved in a proceeding; (5) forward to the New Mexico court a certified copy of the transcript or other record of a hearing pursuant to Paragraph (1) of this subsection or any other proceeding, any evidence otherwise produced pursuant to Paragraph (2) of this subsection and any evaluation or assessment prepared in compliance with an order pursuant to Paragraph (3) or (4) of this subsection; (6) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; and (7) issue an order authorizing the release of medical, financial, criminal or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 164.504, as amended. B. If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in Subsection A of this section, a New Mexico court has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. 1978 Comp., § 45-5A-105, enacted by Laws 2011, ch. 124, § 66.

NMSA 1978, § 45-5A-106 Taking testimony in another state

45-5A-106. Taking testimony in another state A. In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in New Mexico for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which, and the terms upon which, the testimony is to be taken. B. In a guardianship or protective proceeding, a New Mexico court may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A New Mexico court shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony. C. Except as otherwise provided by rules adopted by the New Mexico supreme court, documentary evidence transmitted from another state to a New Mexico court by technological means that do not produce an original writing shall not be excluded from evidence on an objection based on the best evidence rule. 1978 Comp., § 45-5A-106, enacted by Laws 2011, ch. 124, § 67.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18546/index.doFetched: 10/20/2026