New Mexico § 45-5-314 - Annual report; audits

§ 45-5-314. Annual report; audits

A. The guardian of an incapacitated person shall file an initial report with the appointing

court within ninety days of the guardian's appointment. Thereafter, the guardian shall file an annual report within thirty days of the anniversary

date of the guardian's appointment. A copy of the report shall also be submitted to the district judge who appointed

the guardian or the judge's successor, to the incapacitated person and to the incapacitated

person's conservator, if any. The guardianship annual report review division at the administrative office of the

courts shall review all reports upon their filing. The results of the review shall be delivered to the district judge presiding over

the guardianship case. The report shall include information concerning the progress and condition of the

incapacitated person, including the incapacitated person's health, medical and dental

care, residence, education, employment and habitation; a report on the manner in

which the guardian carried out the guardian's powers and fulfilled the guardian's

duties; and the guardian's opinion regarding the continued need for guardianship. If the guardian has been provided power pursuant to Paragraph (4) of Subsection B of Section 45-5-312 NMSA 1978 , the report shall contain information on financial decisions made by the guardian. Only reports that substantially comply with forms approved by the supreme court

shall be accepted by the court as fulfilling the requirements of this section. B. Any guardian may rely on a qualified health care professional's current written

report to provide descriptions of the physical and mental conditions required in the

report provided for in Subsection A of this section. C. The guardian may be fined twenty-five dollars ($25.00) per day for an overdue interim

or annual report. The fine shall be paid to the current school fund. D. The court shall not waive the requirement of an annual report under any circumstance

but may grant an extension of time not to exceed sixty days. The court may require the filing of more than one report annually. E. A guardian of a protected person shall fully comply with the requirements of any

audit of an account, inventory, report or property of a protected person.