New Mexico § 45-5-415 - Death, substitution, review and termination of conservatorship

§ 45-5-415. Death, substitution, review and termination of conservatorship

A. On the petition of the incapacitated person or a person interested in the incapacitated

person's welfare, the court may remove a conservator for good cause, upon notice and

hearing. A temporary conservator may be appointed pursuant to Section 45-5-408 NMSA 1978 pending a final hearing. B. Upon death, resignation or removal of a conservator, the court may appoint another

conservator or make any other order that may be appropriate. If a successor conservator is appointed, the successor conservator succeeds to the

title and powers of the predecessor. C. The incapacitated person or a person interested in the incapacitated person's welfare

may petition for an order that the incapacitated person is no longer in need of a

conservator and for removal or resignation of the conservator. A request for this order may be made by informal letter to the court or judge. Any person who knowingly interferes with transmission of this kind of request to

the court may be adjudged guilty of contempt of court. D. Unless waived by the court upon the filing of a petition to terminate a conservatorship

for reasons other than termination of minority or the death of the person under conservatorship,

the court shall follow the same procedures as set forth in Section 45-5-407 NMSA 1978 . E. In a proceeding that increases the conservator's authority or reduces the autonomy

of the incapacitated person, the court shall follow the same procedures to safeguard

the rights of the incapacitated person as those that apply to a petition for appointment

of a conservator, as set forth in Section 45-5-407 NMSA 1978 . F. Following receipt of a request for review, the court shall hold a status hearing,

which may be informal, to determine the appropriate order to be entered. If the court finds the incapacitated person is capable of more autonomy than at

the time of the original order, the court may enter an order removing the conservator,

terminating the conservatorship or reducing the powers previously granted to the conservator. The court has the option to follow all or part of the procedures that apply for

the appointment of a conservator, as set forth in Section 45-5-407 NMSA 1978 . G. At any time following the appointment of a conservator, but not later than ten

years after the initial appointment of a conservator for an incapacitated person and

every ten years thereafter, the court shall: (1) hold a status hearing, after notice to the conservator, the incapacitated person

and appropriate interested persons, to review the status of the incapacitated person's

capacity and the continued need for a conservator; or (2) appoint a court investigator to assess the incapacitated person's capacity. The court investigator shall prepare a detailed report to the court regarding the

status of the incapacitated person's capacity and the continued need for a conservator. Any report shall be made available to the conservator, the incapacitated person

and interested persons identified by the court. H. If the court is unable to contact either the conservator or the incapacitated person

and neither appears for the status hearing held pursuant to Paragraph (1) of Subsection

G of this section, the court shall appoint a guardian ad litem to investigate and

report to the court as to the status of the incapacitated person and the conservator. Any report shall be made available to the conservator, the incapacitated person

and appropriate interested persons, if known to the court. I. Following the status hearing or the court's report from the court investigator

or guardian ad litem on the status of the incapacitated person and the conservator

as provided in Subsection H of this section, the court may enter an appropriate order;

provided that, in entering an order that increases the conservator's authority or

reduces the autonomy of the incapacitated person, the court shall follow the same

procedures to safeguard the rights of the incapacitated person as those that apply

to a petition for appointment of a conservator, as set forth in Section 45-5-407 NMSA 1978 .