New Mexico § 45-5-304 - Findings; order of appointment

§ 45-5-304. Findings; order of appointment

A. The court, at the hearing on the petition for appointment for a guardian pursuant

to provisions of Chapter 45, Article 5 NMSA 1978 , shall: (1) inquire into the nature and extent of the functional limitations of the alleged

incapacitated person; and (2) ascertain the alleged incapacitated person's capacity to care for the alleged

incapacitated person's own self. B. If it is determined that the alleged incapacitated person possesses the capacity

to care for the alleged incapacitated person's own self, the court shall dismiss the

petition. C. Alternatively, the court may appoint a full guardian as requested in the petition

or a limited guardian and confer specific powers of guardianship after finding in

the record based on clear and convincing evidence that: (1) the person for whom a guardian is sought is totally incapacitated or is incapacitated

only in specific areas as alleged in the petition; (2) the guardianship is necessary as a means of providing continuing care, supervision

and rehabilitation of the incapacitated person; (3) there are no available alternative resources that are suitable with respect to

the alleged incapacitated person's welfare, safety and rehabilitation; (4) the guardianship is appropriate as the least restrictive form of intervention

consistent with the preservation of the civil rights and liberties of the alleged

incapacitated person; and (5) the proposed guardian is both qualified and suitable, has reviewed the proposed

order of appointment and is willing to serve. D. The court may enter any other appropriate order consistent with the findings of

this section. E. A copy of the order appointing the guardian shall be furnished to the proposed

guardian, the incapacitated person and the incapacitated person's counsel. F. The order shall contain the name and address of the guardian as well as notice

of the incapacitated person's right to appeal the guardianship appointment and of

the right to seek alteration or termination of the guardianship at any time.