New Mexico § 45-5-309 - Notices in guardianship proceedings
Full text of New Mexico New Mexico Statutes Annotated § 45-5-309 — Notices in guardianship proceedings, with citation guidance and answers to common questions.
§ 45-5-309. Notices in guardianship proceedings
A. On filing of a petition under Section 45-5-303 NMSA 1978 for appointment of a guardian for an alleged incapacitated person, the court shall
set a date, time and place for hearing the petition. B. A copy of a petition under Section 45-5-303 NMSA 1978 and notice of a hearing on the petition shall be served personally on the alleged
incapacitated person. The notice shall inform the alleged incapacitated person of the alleged incapacitated
person's rights at the hearing and the right to attend the hearing. The notice shall include a description of the nature, purpose and consequences of
granting the petition. The court shall not grant the petition if notice substantially complying with this
subsection is not served on the alleged incapacitated person. C. In a proceeding on a petition under Section 45-5-303 NMSA 1978 , the notice required under Subsection B of this section shall be given to the persons
required to be listed in the petition under Section 45-5-303 NMSA 1978 and any other person interested in the alleged incapacitated person's welfare that
the court determines. Failure to give notice under this subsection does not preclude the court from appointing
a guardian. D. After the appointment of a guardian, notice of a hearing on a petition for any
order under Part 3 of Chapter 45, Article 5 NMSA 1978 , together with a copy of the petition, shall be given to: (1) the protected person subject to guardianship; (2) the guardian; and (3) any other person the court determines.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-5-309
What does New Mexico Statutes Annotated § 45-5-309 cover?
Section 45-5-309 ("Notices in guardianship proceedings") 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 § 45-5-309?
A common citation format is "New Mexico Statutes Annotated § 45-5-309" (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 § 45-5-309 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.