New Mexico § 45-5-311 - Who may be appointed guardian; priorities; qualifications

§ 45-5-311. Who may be appointed guardian; priorities; qualifications

A. Any person deemed to be qualified by the court may be appointed guardian of an

incapacitated person, except that no individual who operates or is an employee of

a boarding home, residential care home, nursing home, group home or other similar

facility in which the incapacitated person resides may serve as guardian for the incapacitated

person, except an employee may serve in such capacity when related by affinity or

consanguinity. B. Persons who are not disqualified have priority for appointment as guardian in the

following order: (1) a guardian or other like fiduciary appointed by the appropriate court of any other

jurisdiction; (2) a person, as far as known or as can be reasonably ascertained, previously nominated

or designated in a writing signed by the incapacitated person prior to incapacity

that has not been revoked by the incapacitated person or terminated by a court. This includes writings executed under the Uniform Health-Care Decisions Act, the

Mental Health Care Treatment Decisions Act, the Uniform Power of Attorney Act, the

Uniform Probate Code and the Uniform Trust Code; (3) the spouse of the incapacitated person; (4) an adult child of the incapacitated person; (5) a parent of the incapacitated person, including a person nominated by will or

other writing signed by a deceased parent; (6) any relative of the incapacitated person with whom the incapacitated person has

resided for more than six months prior to the filing of the petition; (7) a person nominated by the person who is caring for the incapacitated person or

paying benefits to the incapacitated person; and (8) any other person. C. With respect to persons having equal priority, the court shall select the person

it considers best qualified to serve as guardian. The court, acting in the best interest of the incapacitated person and for good

cause shown, may pass over a person having priority and appoint a person having a

lower priority under this section and shall take into consideration: (1) the preference of the incapacitated person, giving weight to preferences expressed

in writing by the person while having capacity; (2) the geographic location of the proposed guardian; (3) the relationship of the proposed guardian to the incapacitated person; (4) the ability of the proposed guardian to carry out the powers and duties of the

guardianship; and (5) potential financial conflicts of interest between the incapacitated person and

proposed guardian. D. A professional guardian shall not serve or be appointed as a guardian of the incapacitated

person unless the professional guardian is certified and is in good standing with

a national or state organization recognized by the supreme court that provides professional

certification for guardians.