A. The guardian ad litem shall:

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Terms Used In New Mexico Statutes 45-5-404.1

  • 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)     interview the person to be protected in person prior to the hearing; (2)     present the position of the person to be protected to the court;

(3)     interview the qualified health care professional, the visitor, the proposed conservator and any other person who may have relevant information concerning the person to be protected;

(4)     review both the medical report submitted by the qualified health care professional and the report by the visitor;

(5)     obtain independent medical or psychological assessments, or both, if necessary; and

(6)     file a written report with the court prior to the hearing on the petition for appointment.

B. Unless otherwise ordered by the court, the duties of the guardian ad litem terminate and the guardian ad litem is discharged from the guardian ad litem’s duties upon entry of the order appointing the conservator and acceptance of the appointment by the conservator.