A. A New Mexico court lacking jurisdiction pursuant to Section 45-5A-203 N.M. Stat. Ann. has special jurisdiction to do any of the following:

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Terms Used In New Mexico Statutes 45-5A-204

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
  • Personal property: All property that is not real property.

(1)     appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in New Mexico;

(2)     issue a protective order with respect to real or tangible personal property located in New Mexico; and

(3)     appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued pursuant to procedures similar to Section 45-5A-301 N.M. Stat. Ann..

B. If a petition for the appointment of a guardian in an emergency is brought in New Mexico and New Mexico was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.