New Mexico § 45-5-101 - Definitions and use of terms

§ 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.