New Mexico Statutes 45-5A-203. Jurisdiction
A New Mexico court has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
Terms Used In New Mexico Statutes 45-5A-203
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
A. New Mexico is the respondent’s home state;
B. on the date the petition is filed, New Mexico is a significant-connection state and: (1) the respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because New Mexico is a more appropriate forum; or
(2) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and, before the court makes the appointment or issues the order:
state;
(a) a petition for an appointment or order is not filed in the respondent’s home (b) an objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding; and
(c) the court in New Mexico concludes that it is an appropriate forum pursuant to the factors set forth in Section 45-5A-206 N.M. Stat. Ann.;
C. New Mexico does not have jurisdiction pursuant either to Subsection A or B of this section, the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because New Mexico is the more appropriate forum and jurisdiction in New Mexico is consistent with the constitutions of New Mexico and the United States; or
D. the requirements for special jurisdiction pursuant to Section 45-5A-204 N.M. Stat. Ann. are met.