Guardianship of a Child or Adult in New Mexico

Under the Probate Code, the court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or a prior court order; a guardian named by a parent has priority. Notice goes to the minor if 14 or older, the person who had principal care of the child for the prior 60 days, and any living parent. The court appoints a qualified person if the requirements are met and the appointment serves the minor's best interest, and it may appoint a temporary guardian for up to six months.

Any interested person may petition to appoint a guardian for an alleged incapacitated person. At the hearing, the court examines the person's functional limitations and capacity for self-care, and dismisses the petition if the person can care for himself or herself. The court may appoint a full or limited guardian only on clear and convincing evidence that the person is totally incapacitated or incapacitated in specific areas, guardianship is needed for continuing care, no suitable alternative resources are available, guardianship is the least restrictive form of intervention, and the proposed guardian is qualified, suitable and willing.