New Mexico § 45-5-405 - Notice in conservatorship proceedings
Full text of New Mexico New Mexico Statutes Annotated § 45-5-405 — Notice in conservatorship proceedings, with citation guidance and answers to common questions.
§ 45-5-405. Notice in conservatorship proceedings
A. On filing of a petition under Section 45-5-404 NMSA 1978 for appointment of a conservator, the court shall set a date, time and place for
a hearing on the petition. B. A copy of a petition under Section 45-5-404 NMSA 1978 and notice of a hearing on the petition shall be served personally on the alleged
incapacitated person. If the alleged incapacitated person's whereabouts are unknown or personal service
cannot be made, service on the alleged incapacitated person shall be made as provided
in Section 45-1-401 NMSA 1978 . 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 also shall include a description of the nature, purpose and consequences
of granting the petition. The court shall not grant a petition for appointment of a conservator if notice
substantially complying with this subsection is not served on the alleged incapacitated
person. C. In a proceeding on a petition under Subsection B of this section, the notice required
shall be given to the persons required to be listed in the petition under Section 45-5-404 NMSA 1978 and any other person interested in the alleged incapacitated person's welfare the
court determines. Failure to give notice under this subsection does not preclude the court from appointing
a conservator. D. After the appointment of a conservator, notice of a hearing on a petition for an
order under Part 4 of Chapter 45, Article 5 NMSA 1978 , together with a copy of the petition, shall be given to: (1) the protected person subject to conservatorship if the protected person is not
missing, detained or unable to return to the United States; (2) the conservator; and (3) any other person the court determines.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 45-5-405
What does New Mexico Statutes Annotated § 45-5-405 cover?
Section 45-5-405 ("Notice in conservatorship 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 § 45-5-405?
A common citation format is "New Mexico Statutes Annotated § 45-5-405" (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 § 45-5-405 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.