N.M. Stat. § 45-5-101 (2026)

    Unless otherwise apparent from the context or unless otherwise specifically defined
in other sections that are applicable to specific articles, parts or sections of the Uniform
Probate Code, as used in Chapter 45, Article 5 NMSA 1978:

   A. "conservator" means a person who is appointed by a court to manage the
property or financial affairs or both of a protected person;

   B. "court" means the district court or the children's or family division of the district
court where such jurisdiction is conferred by the Children's Code [Chapter 32A NMSA
1978];

   C. "functional impairment" means an impairment that is measured by a person's
inability to manage the person's personal care or the person's inability to manage the
person's estate or financial affairs or both;

   D. "guardian" has the same meaning as set forth in Section 45-1-201 NMSA 1978;

  E. "guardian ad litem" has the same meaning as set forth in Section 45-1-201
NMSA 1978;

    F. "incapacitated person" means any person who demonstrates over time either
partial or complete functional impairment by reason of mental illness, mental deficiency,
physical illness or disability, chronic use of drugs, chronic intoxication or other cause,
except minority, to the extent that the person is unable to manage the person's personal
affairs or the person is unable to manage the person's estate or financial affairs or both;

    G. "inability to manage the person's personal care" means the inability, as
evidenced by recent behavior, to meet one's needs for medical care, nutrition, clothing,
shelter, hygiene or safety so that physical injury, illness or disease has occurred or is
likely to occur in the near future;

   H. "inability to manage the person's estate or financial affairs or both" means gross
mismanagement, as evidenced by recent behavior, of one's income and resources or
medical inability to manage one's income and resources that has led or is likely in the
near future to lead to financial vulnerability;

   I. "interested person" means any person who has an interest in the welfare of the
person to be protected pursuant to Chapter 45, Article 5 NMSA 1978;

   J. "least restrictive form of intervention" means that the guardianship or
conservatorship imposed on the incapacitated person or minor protected person
represents only those limitations necessary to provide the needed care and
rehabilitative services and that the incapacitated person or minor protected person shall
enjoy the greatest amount of personal freedom and civil liberties;

   K. "letters" has the same meaning as set forth in Section 45-1-201 NMSA 1978;
    L. "limited conservator" means any person who is qualified to manage the estate
and financial affairs of an incapacitated person pursuant to a court appointment in a
limited conservatorship;

   M. "limited conservatorship" means that an incapacitated person is subject to a
conservator's exercise of some but not all of the powers enumerated in Sections 45-5-
424 and 45-5-425 NMSA 1978;

    N. "limited guardian" means any person who is qualified to manage the care,
custody and control of an incapacitated person pursuant to a court appointment of a
limited guardianship;

   O. "limited guardianship" means that an incapacitated person is subject to a
guardian's exercise of some but not all of the powers enumerated in Section 45-5-312
NMSA 1978;

   P. "minor" has the same meaning as set forth in Section 45-1-201 NMSA 1978;

   Q. "minor protected person" means a minor for whom a guardian or conservator has
been appointed solely because of minority;

    R. "parent" means a parent whose parental rights have not been terminated or
relinquished;

   S. "professional conservator" means an individual or entity that serves as a
conservator for more than two individuals who are not related to the conservator by
marriage, adoption or third degree of blood or affinity;

    T. "professional guardian" means an individual or entity that serves as a guardian
for more than two individuals who are not related to the guardian by marriage, adoption
or third degree of blood or affinity;

   U. "protective proceeding" means a conservatorship proceeding under Section 45-
5-401 NMSA 1978;

   V. "protected person" means a minor or other person for whom a guardian or
conservator has been appointed or other protective order has been made;

   W. "qualified health care professional" means a physician, psychologist, physician
assistant, nurse practitioner or other health care practitioner whose training and
expertise aid in the assessment of functional impairment; and

    X. "visitor" means a person who is an appointee of the court who has no personal
interest in the proceeding and who has been trained or has the expertise to
appropriately evaluate the needs of the person who is allegedly incapacitated. A
"visitor" may include, but is not limited to, a psychologist, a social worker, a
developmental incapacity professional, a physical and occupational therapist, an
educator and a rehabilitation worker.

History: 1953 Comp., § 32A-5-101, enacted by Laws 1975, ch. 257, § 5-101; 1987, ch.
12, § 1; 1989, ch. 252, § 3; 1993, ch. 301, § 1; 2008, ch. 9, § 4; 2009, ch. 159, § 26;
2011, ch. 124, § 52; 2019, ch. 228, § 1.

                                     ANNOTATIONS

The 2019 amendment, effective July 1, 2019, defined "professional conservator" and
"professional guardian" as used in Chapter 45, Article 5 NMSA 1978; and added new
Subsections S and T and redesignated former Subsections S through V as Subsections
U through X.

The 2011 amendment, effective January 1, 2012, defined "conservator" and "parent".

The 2009 amendment, effective June 19, 2009, in Subsections J and Q, changed
"ward" to "protected person"; in Subsection S, after "person for whom a", added
"guardian or"; and deleted Subsection U which defined "ward".

The 2008 amendment, effective May 14, 2008, added "physician assistant" in
Subsection T.

The 1993 amendment, effective July 1, 1993, substituted "estate" for "property"
throughout the section; substituted "Chapter 45, Article 5 NMSA 1978" for "the Probate
Code" in the introductory paragraph; inserted "or medical inability to manage one's
income and resources" in Subsection H; substituted "Sections 45-5-424 and 45-5-425"
for "Subsection E of Section 45-5-407" in Subsection M; deleted "Subsection B of"
preceding "Section" in Subsection O; rewrote Subsection R; and made minor stylistic
changes throughout the section.

The 1989 amendment, effective June 16, 1989, made a minor stylistic change in
Subsection B; substituted the present provisions in Subsection C for "'disability' is as
defined in Section 45-1-201 NMSA 1978"; substituted the present provisions of
Subsection F for "'incapacitated person' means any person who is impaired by reason
of mental illness, mental deficiency, physical illness or disability, chronic use of drugs,
chronic intoxication or other cause, except minority, to the extent that he lacks sufficient
understanding or capacity to make or communicate responsible decisions concerning
his person or management of his affairs"; added Subsections G through J; redesignated
former Subsection G as Subsection K; added Subsections L through O; redesignated
former Subsections H through K as Subsections P through S; inserted "conservatorship
proceedings pursuant to" in Subsection R; added Subsection T; redesignated former
Subsections L and M as Subsections U and V; and in Subsection V substituted all of the
language of the first sentence following "means" for "with respect to guardianship
proceedings, a person with no personal interest in the proceedings who is trained in
law, nursing or social work and is appointed by the district court", and added the second
sentence.

Substantial evidence did not exist to support the district court’s order appointing
a limited conservator. — Where petitioner filed a petition for the appointment of a
plenary guardian and plenary conservator for respondent, alleging that respondent
suffered from several mental health conditions that render her an “incapacitated person”
and that such required appointment of a guardian and a conservator for respondent’s
personal and financial affairs, the district court erred in appointing a limited conservator
for respondent, because neither the reports nor the testimony of any of the witnesses
below contained evidence that respondent was unable to manage her estate or financial
affairs. Substantial evidence did not exist to support the district court’s finding that
respondent could not manage her financial affairs. In re Guardianship &
Conservatorship of Linda D., 2026-NMCA-035.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of guardianship proceeding
based on brainwashing of subject by religious, political or social organization, 44
A.L.R.4th 1207.

14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward § 2; 57 C.J.S.
Mental Health §§ 21 et seq., 108 et seq.