New Mexico § 45-5-405.1 - Protective arrangements and single transactions authorized

§ 45-5-405.1. Protective arrangements and single transactions authorized

A. If after notice in accordance with Section 45-5-405 NMSA 1978 to all interested persons, as defined in Section 45-1-201 NMSA 1978 , and after hearing, it is established that a basis exists as described in Section 45-5-401 NMSA 1978 for affecting the estate and financial affairs of a person, the court, without appointing

a conservator, may issue an order pursuant to Subsection B of this section for a protective

arrangement instead of conservatorship for the person. Unless the person already has an attorney of the person's own choice, the court

shall appoint an attorney to represent the person at the hearing. The court-appointed attorney shall have the duties of a guardian ad litem, as set

forth in Section 45-5-404.1 NMSA 1978 . B. The court, instead of appointing a conservator, may: (1) authorize a person or direct a person to execute a transaction necessary to protect

the financial interest or property of the protected person, including: (a) an action to establish eligibility for benefits; (b) payment, delivery, deposit or retention of funds or property; (c) sale, mortgage, lease or other transfer of property, including water rights and

oil, gas and other mineral interests; (d) purchase of an annuity; (e) entry into a contractual relationship, including a contract to provide for personal

care, supportive services, education, training or employment; (f) addition to or establishment of a trust; (g) ratification or invalidation of a contract, trust or other transaction, including

a transaction related to the property or business affairs of the protected person;

or (h) settlement of a claim; or (2) restrict access to the protected person's property by a specified person whose

access to the property places the protected person at serious risk of financial harm. C. After the notice and hearing pursuant to Subsection A of this section, the court

may issue an order to restrict access to the protected person or the protected person's

property by a specified person that the court finds by clear and convincing evidence: (1) through fraud, coercion, duress or the use of deception and control caused or

attempted to cause an action that would have resulted in financial harm to the protected

person or the protected person's property; and (2) poses a serious risk of substantial financial harm to the protected person or

the protected person's property. D. Before issuing an order pursuant to Subsection B or C of this section, the court

shall consider the factors described in Section 45-5-417 NMSA 1978 that a conservator shall consider when making a decision on behalf of an individual

subject to conservatorship. E. Before issuing an order pursuant to Subsection B or C of this section for a protected

person who is a minor, the court also shall consider the best interest of the minor,

the preference of the parents of the minor and the preference of the minor, if the

minor is twelve years of age or older. F. Before issuing an order pursuant to Subsection B or C of this section for a protected

person who is an adult, the court shall also consider the adult's prior or current

directions, preferences, opinions, values and actions, to the extent actually known

or reasonably ascertainable.