New Mexico § 45-5-101 - Definitions and use of terms
Full text of New Mexico New Mexico Statutes Annotated § 45-5-101 — Definitions and use of terms, with citation guidance and answers to common questions.
§ 45-5-101. Definitions and use of terms
Unless otherwise apparent from the context or unless otherwise specifically defined
in other sections that are applicable to specific articles, parts or sections of the
Uniform Probate Code, as used in Chapter 45, Article 5 NMSA 1978: A. “ conservator ” means a person who is appointed by a court to manage the property or financial affairs
or both of a protected person; B. “ court ” means the district court or the children's or family division of the district court
where such jurisdiction is conferred by the Children's Code; C. “ functional impairment ” means an impairment that is measured by a person's inability to manage the person's
personal care or the person's inability to manage the person's estate or financial
affairs or both; D. “ guardian ” has the same meaning as set forth in Section 45-1-201 NMSA 1978; E. “ guardian ad litem ” has the same meaning as set forth in Section 45-1-201 NMSA 1978; F. “ incapacitated person ” means any person who demonstrates over time either partial or complete functional
impairment by reason of mental illness, mental deficiency, physical illness or disability,
chronic use of drugs, chronic intoxication or other cause, except minority, to the
extent that the person is unable to manage the person's personal affairs or the person
is unable to manage the person's estate or financial affairs or both; G. “ inability to manage the person's personal care ” means the inability, as evidenced by recent behavior, to meet one's needs for medical
care, nutrition, clothing, shelter, hygiene or safety so that physical injury, illness
or disease has occurred or is likely to occur in the near future; H. “ inability to manage the person's estate or financial affairs or both ” means gross mismanagement, as evidenced by recent behavior, of one's income and
resources or medical inability to manage one's income and resources that has led or
is likely in the near future to lead to financial vulnerability; I. “ interested person ” means any person who has an interest in the welfare of the person to be protected
pursuant to Chapter 45, Article 5 NMSA 1978; J. “ least restrictive form of intervention ” means that the guardianship or conservatorship imposed on the incapacitated person
or minor protected person represents only those limitations necessary to provide the
needed care and rehabilitative services and that the incapacitated person or minor
protected person shall enjoy the greatest amount of personal freedom and civil liberties; K. “ letters ” has the same meaning as set forth in Section 45-1-201 NMSA 1978; L. “ limited conservator ” means any person who is qualified to manage the estate and financial affairs of
an incapacitated person pursuant to a court appointment in a limited conservatorship; M. “ limited conservatorship ” means that an incapacitated person is subject to a conservator's exercise of some
but not all of the powers enumerated in Sections 45-5-424 and 45-5-425 NMSA 1978; N. “ limited guardian ” means any person who is qualified to manage the care, custody and control of an
incapacitated person pursuant to a court appointment of a limited guardianship; O. “ limited guardianship ” means that an incapacitated person is subject to a guardian's exercise of some but
not all of the powers enumerated in Section 45-5-312 NMSA 1978; P. “ minor ” has the same meaning as set forth in Section 45-1-201 NMSA 1978; Q. “ minor protected person ” means a minor for whom a guardian or conservator has been appointed solely because
of minority; R. “ parent ” means a parent whose parental rights have not been terminated or relinquished; S. “ professional conservator ” means an individual or entity that serves as a conservator for more than two individuals
who are not related to the conservator by marriage, adoption or third degree of blood
or affinity; T. “ professional guardian ” means an individual or entity that serves as a guardian for more than two individuals
who are not related to the guardian by marriage, adoption or third degree of blood
or affinity; U. “ protective proceeding ” means a conservatorship proceeding under Section 45-5-401 NMSA 1978; V. “ protected person ” means a minor or other person for whom a guardian or conservator has been appointed
or other protective order has been made; W. “ qualified health care professional ” means a physician, psychologist, physician assistant, nurse practitioner or other
health care practitioner whose training and expertise aid in the assessment of functional
impairment; and X. “ visitor ” means a person who is an appointee of the court who has no personal interest in
the proceeding and who has been trained or has the expertise to appropriately evaluate
the needs of the person who is allegedly incapacitated. A “ visitor ” may include, but is not limited to, a psychologist, a social worker, a developmental
incapacity professional, a physical and occupational therapist, an educator and a
rehabilitation worker.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-5-101
What does New Mexico Statutes Annotated § 45-5-101 cover?
Section 45-5-101 ("Definitions and use of terms") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 45-5-101?
A common citation format is "New Mexico Statutes Annotated § 45-5-101" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 45-5-101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.