New Mexico Statutes 32A-3A-21. Financial subsidies; guardianship assistance agreement
A. In order for a prospective guardian to receive guardianship assistance payments, the department shall negotiate and enter into a written guardianship assistance agreement before the guardianship is finalized with the prospective guardian of an eligible child. The agreement shall specify the following:
Terms Used In New Mexico Statutes 32A-3A-21
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(1) the amount of and manner in which guardianship assistance payments will be provided;
(2) additional services and assistance for which the child and the prospective guardian will be eligible;
(3) a procedure by which the prospective guardian may apply for additional services;
(4) the responsibility of the prospective guardian to report changes in the needs of the child or the circumstances of the prospective guardian that affect guardianship assistance payments;
(5) reasonable and verified nonrecurring expenses associated with establishing a subsidized guardianship pursuant to the provisions of Section 14 of this 2023 act; and
(6) terms by which the guardianship assistance agreement may be terminated and the ability of the department to recoup funds received due to improper payment.
B. A copy of the fully executed guardianship assistance agreement shall be given to the prospective guardian and to the department.