N.M. Admin. Code § 8.11.5.19

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.11.5.19 - TERMINATION/REMOVAL OF A GUARDIAN OR CONSERVATOR

The adult, his personal representative, the conservator or guardian or any other interested persons, including the department, can petition the court for removal of the guardian/conservator and request the appointment of a successor, if in the adult's best interest. The court can remove a guardian or conservator, modify, or terminate a guardianship or conservatorship on the basis that the guardian/conservator:

A. is incapacitated;

B. has abused, neglected or exploited the adult;

C. is unable or unwilling to carry out his statutory duties;

D. continued function as guardian/conservator is not in the adult's best interest; or

E. the adult is no longer incapacitated and is capable of managing his person or finances and property.

N.M. Admin. Code § 8.11.5.19

8.11.5.19 NMAC - Rp, 8 NMAC 11.5.19, 10/30/08