N.M. Stat. § 45-5-102 (2026)

proceedings.
    A. Chapter 45, Article 5 NMSA 1978 applies to guardianship and protective
proceedings for individuals over whom the court has jurisdiction and to property coming
into the control of a guardian or conservator who is subject to the laws of New Mexico.

   B. The court has exclusive jurisdiction over protective proceedings for minors
domiciled in or having property located in New Mexico. Except to the extent that the
guardianship is subject to the Uniform Child-Custody Jurisdiction and Enforcement Act
[40-10A-101 to 40-10A-403 NMSA 1978], the court has exclusive jurisdiction over
guardianship proceedings for minors domiciled or present in New Mexico.

   C. The court has exclusive jurisdiction over guardianship and protective
proceedings for an adult individual as provided in the Uniform Adult Guardianship and
Protective Proceedings Jurisdiction Act [Chapter 45, Article 5A NMSA 1978].

   D. When both guardianship and protective proceedings as to the same person are
commenced or pending in the same court, the proceedings may be consolidated.

History: 1953 Comp., § 32A-5-102, enacted by Laws 1975, ch. 257, § 5-102; 2011, ch.
124, § 53.

                                     ANNOTATIONS
The 2011 amendment, effective January 1, 2012, added Subsection A to specify the
jurisdiction of the district court in guardianship and guardianship protective proceedings
for minors and adults; and added Subsection C.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Power of guardian or committee of
incompetent in respect of insurance on ward's life, or of policy under which he has
interest, 84 A.L.R. 366.

Divorce court's acquisition of jurisdiction over custody and maintenance of child as
precluding guardianship proceedings in another court, 146 A.L.R. 1167.

Power of guardian or committee to compromise liquidated, contract claim or money
judgment, and of courts to authorize or approve such a compromise, 155 A.L.R. 196.

Function, power and discretion of court as affected by testamentary appointment of
guardian of minor, 67 A.L.R.2d 803.

Power to make charitable gifts from estate of incompetent, 99 A.L.R.2d 946.

Power of court or guardian to make noncharitable gifts or allowances out of funds of
incompetent ward, 24 A.L.R.3d 863.

Ademption or revocation of specific devise or bequest by guardian, committee,
conservator or trustee of mentally or physically incompetent testator, 84 A.L.R.4th 462.

14 C.J.S. Chemical Dependents § 9; 39 C.J.S. Guardian and Ward § 11; 57 C.J.S.
Mental Health §§ 21 et seq., 108 et seq.