New Mexico Statutes 45-5-110. Grievance against guardian or conservator
A. A protected person, or any interested person regardless of previous standing, who believes a guardian, conservator or representative payee is breaching the guardian, conservator or representative payee’s fiduciary duty or otherwise acing in a manner inconsistent with the Uniform Probate Code or orders of appointment, may file a grievance with the court.
Terms Used In New Mexico Statutes 45-5-110
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiduciary: A trustee, executor, or administrator.
- 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.
- Probate: Proving a will
B. Subject to Subsection C of this section, after receiving a grievance filed pursuant to Subsection A of this section, the court:
(1) shall review the grievance and, if necessary to determine the appropriate response, court records related to the guardianship or conservatorship;
(2) shall schedule a hearing if the grievance supports a reasonable belief that: (a) removal of the guardian or conservator and appointment of a successor
may be appropriate;
(b) termination or modification of the guardianship or conservatorship may be appropriate; and
(c) transfer of accounts to a successor representative payee may be appropriate; and
(3) may take any action supported by the evidence, including:
(a) ordering the guardian or conservator to provide the court with a report, accounting, inventory or other specified information;
(b) appointing a guardian ad litem; and
(c) holding a hearing.
C. The court may decline to take the actions provided for in Subsection B of this section if a similar grievance had been filed within six months preceding the filing of the current grievance and the court took the actions provided for in that subsection in considering the earlier grievance.
D. As used in this section, “representative payee” means a person appointed by the federal social security administration to receive and manage the supplemental security income or social security disability income for individuals who cannot fully manage their own income.