New Mexico § 38-1-12 - Service against incapacitated
Full text of New Mexico New Mexico Statutes Annotated § 38-1-12 — Service against incapacitated, with citation guidance and answers to common questions.
§ 38-1-12. Service against incapacitated
Whenever there is a guardian of the estate or a guardian of the person of an incapacitated
person, duly appointed by a court of competent jurisdiction of this state, every process
against the incapacitated person shall be served upon either of the guardians in the
manner as may be provided by law for service of process, including service by publication. Service of process so made shall be considered as proper service upon the protected
person. In all other cases, process shall be served upon the protected person in the same
manner as upon competent or sane persons.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 38-1-12
What does New Mexico Statutes Annotated § 38-1-12 cover?
Section 38-1-12 ("Service against incapacitated") 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 § 38-1-12?
A common citation format is "New Mexico Statutes Annotated § 38-1-12" (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 § 38-1-12 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.