N.M. Stat. » N.M. Stat. / Chapter 45 / Article 5
New Mexico Statutes

N.M. Stat. § 45-5-104 (2026)

Delegation of powers by parent or guardian.

✓ current as of May 2026
Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar 
A parent or a guardian of a minor or an incapacitated person, by an acknowledged
power of attorney, may delegate to another person, for a period not exceeding six
months, any of the parent's or guardian's powers regarding care, custody or property of
the minor child or protected person, except the power to consent to marriage or
adoption of a minor protected person.

History: 1953 Comp., § 32A-5-104, enacted by Laws 1975, ch. 257, § 5-104; 2009, ch.
159, § 27.

                                     ANNOTATIONS

The 2009 amendment, effective June 19, 2009, deleted "ward" and added "protected
person".

Agreements subject to judicial modification. — Agreements between parents and
third parties regarding the guardianship, care, custody, maintenance or education of
children are subject to judicial modification. In re Adoption of Doe, 1982-NMCA-094, 98
N.M. 340, 648 P.2d 798, cert. denied, Cook v. Brownfield, 98 N.M. 336, 648 P.2d 794.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 39
C.J.S. Guardian and Ward § 55; 57 C.J.S. Mental Health § 108 et seq.
Notes of Decisions
Cited in 3 cases, 1982–1991 · leading case: Matter of Adoption of John Doe, 648 P.2d 798 (N.M. Ct. App. 1982).
Sort: Relevance Newest Treatment
Matter of Adoption of John Doe, 648 P.2d 798 (N.M. Ct. App. 1982). “Under § 45-5-104, N.M.S.A.1978 of the Uniform Probate Code, the legislature has authorized a parent or guardian, by a properly acknowledged power of attorney, to delegate to another person certain limited powers regarding the care, custody and control of a minor child for no…”
Matter of Guardianship Petition of Lupe C., 812 P.2d 365 (N.M. Ct. App. 1991). “1978, § 45-5-104 (Repl.Pamp.1989). Second, a parent may make a testamentary appointment of a guardian for a minor child, although the child has some power to object to the appointment.”
In re the Adoption of J.L.B., 6 Navajo Rptr. 314 (1990). · cites it 2× “The placement was made by means of a power of attorney under N.M. Stat. Ann. § 45-5-104 , a portion of the New Mexico version of the Uniform Probate Code, which provides that a parent of a minor may delegate the care, custody or property of that minor to another for a period of…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.