New Mexico Statutes 45-5-204. Court appointment of guardian of minor; conditions for appointment
A. The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or prior court order.
Terms Used In New Mexico Statutes 45-5-204
- 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.
B. A guardian, appointed as provided in Section 45-5-202 N.M. Stat. Ann., whose appointment has not been prevented or terminated under Section 45-5-203 N.M. Stat. Ann., has priority over any guardian who may be appointed by the court, but the court may proceed with another appointment upon a finding that the parental nominee has failed to accept the appointment within thirty days after notice of the guardianship proceeding.
C. If necessary, and upon appropriate petition or application, the court may appoint a temporary guardian, who shall have the full authority of a general guardian of a minor, but the authority of a temporary guardian may not last longer than six months. The appointment of a temporary guardian for a minor may occur even though the conditions described in Subsection A of this section have not been established.