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

N.M. Stat. § 45-5-207 (2026)

Court appointment of guardian of minor; notice;

✓ laws through the 2025 session (retrieved May 2026)
Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar 
procedure.
   A. Notice of the time and place of hearing of a petition for the appointment of a
guardian of a minor is to be given by the petitioner in the manner prescribed by Section
1-401 [45-1-401 NMSA 1978] to:

       (1)    the minor, if he is fourteen or more years of age;

       (2)    the person who has had the principal care and custody of the minor during
the sixty days preceding the date of the petition; and

       (3)    any living parent of the minor.

    B. Upon hearing, if the court finds that a qualified person seeks appointment, venue
is proper, the required notices have been given, the requirements of Section 5-204 [45-
5-204 NMSA 1978] have been met and the best interests of the minor will be served by
the requested appointment, it shall make the appointment. In other cases the court may
dismiss the proceedings, or make any other disposition of the matter that will serve the
best interests of the minor.

   C. If necessary, the court may appoint a temporary guardian, with the status of a
permanent guardian of a minor, but the authority of a temporary guardian shall not last
longer than six months.

   D. If, at any time in the proceeding, the court finds the minor is or may be
inadequately represented, it may appoint an attorney to represent the minor, giving
consideration to the preference of the minor if the minor is fourteen years of age or
older.

History: 1953 Comp., § 32A-5-207, enacted by Laws 1975, ch. 257, § 5-207.

                                     ANNOTATIONS

Participation in visitation action does not waive rights in guardianship action. —
Mother did not waive her right to notice of a permanent guardianship proceeding,
despite her subsequent entry of appearance and participation in stipulations regarding
visitation. Marlaine F.G. v. Fastle, 1998-NMCA-003, 124 N.M. 468, 952 P.2d 463.
Notice to living parent. — Grandparents failed to give requisite notice of their petition
for guardianship of their grandchild to the grandchild’s living parent; it was undisputed
that the document given to grandparents authorizing them to sign papers for medical
reasons included the parent’s address and telephone number, and that grandparents
made no attempt to notify the grandchild’s parent in any way, including publication. In re
Guardianship of Sabrina Mae D., 1992-NMCA-050, 114 N.M. 133, 835 P.2d 849, cert.
denied, Sabrina Mae D. v. Northcutt, 113 N.M. 744, 832 P.2d 1223.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of appointment of guardian or
curator for infant without service of process upon, or notice to, latter, 1 A.L.R. 919.

Construction and application of statute prescribing that notice of petition or hearing for
appointment of guardian be of such nature or be given to such persons as court deems
reasonable or proper, 109 A.L.R. 338.

Necessity and sufficiency of notice to infant or other incompetent of application for
appointment of successor to guardian or committee, 138 A.L.R. 1364.

39 C.J.S. Guardian and Ward §§ 20, 23, 27, 28.
Notes of Decisions
Cited in 2 cases, 1992–1997 · leading case: In re Guardianship of Sabrina Mae D., 835 P.2d 849 (N.M. Ct. App. 1992).
Sort: Relevance Newest Treatment
In re Guardianship of Sabrina Mae D., 835 P.2d 849 (N.M. Ct. App. 1992). · cites it 2× “NMSA 1978, Section 45-5-207(A)(3) (Repl.Pamp.1989) requires that notice to a living parent “is to be given by the petitioner in the manner prescribed by Section [45-1-401].”
Marlaine F.G. v. Fasle, 1998-NMCA-003, 124 N.M. 468. · cites it 3× “NMSA 1978, § 32-1-59(D) (1987) (current version at NMSA 1978, § 32A-4-32(D) (1993)); NMSA 1978, § 45-5-207(A)(3) (1975); see also In re Laurie R.”
N.M. Stat. § 45-5-207(A)(3): 2 cases
In re Guardianship of Sabrina Mae D., 835 P.2d 849 (N.M. Ct. App. 1992). “NMSA 1978, Section 45-5-207(A)(3) (Repl.Pamp.1989) requires that notice to a living parent “is to be given by the petitioner in the manner prescribed by Section [45-1-401].”
Marlaine F.G. v. Fasle, 1998-NMCA-003, 124 N.M. 468. “NMSA 1978, § 32-1-59(D) (1987) (current version at NMSA 1978, § 32A-4-32(D) (1993)); NMSA 1978, § 45-5-207(A)(3) (1975); see also In re Laurie R.”
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.