New Mexico § 45-5-301.1 - When guardianship is to be used
Full text of New Mexico New Mexico Statutes Annotated § 45-5-301.1 — When guardianship is to be used, with citation guidance and answers to common questions.
§ 45-5-301.1. When guardianship is to be used
Guardianship for an incapacitated person shall be used only as is necessary to promote
and to protect the well being of the person, shall be designed to encourage the development
of maximum self reliance and independence of the person and shall be ordered only
to the extent necessitated by the person's actual functional mental and physical limitations. An incapacitated person for whom a guardian has been appointed retains all legal
and civil rights except those which have been expressly limited by court order or
have been specifically granted to the guardian by the court.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-5-301.1
What does New Mexico Statutes Annotated § 45-5-301.1 cover?
Section 45-5-301.1 ("When guardianship is to be used") 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 § 45-5-301.1?
A common citation format is "New Mexico Statutes Annotated § 45-5-301.1" (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 § 45-5-301.1 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.