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

N.M. Stat. § 45-5-301.1 (2026)

When guardianship is to be used.

✓ current as of May 2026
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Guardianship for an incapacitated person shall be used only as is necessary to
promote and to protect the well being of the person, shall be designed to encourage the
development of maximum self reliance and independence of the person and shall be
ordered only to the extent necessitated by the person's actual functional mental and
physical limitations. An incapacitated person for whom a guardian has been appointed
retains all legal and civil rights except those which have been expressly limited by court
order or have been specifically granted to the guardian by the court.

History: 1978 Comp., § 45-5-301.1, enacted by Laws 1989, ch. 252, § 4.
Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2017–2025 · leading case: Evangelical Lutheran Good Samaritan Soc'y v. Moreno, 277 F. Supp. 3d 1191 (D.N.M. 2017).
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Evangelical Lutheran Good Samaritan Soc'y v. Moreno, 277 F. Supp. 3d 1191 (D.N.M. 2017). · cites it 3× “Stat/Ann § 45-5-310(E); N.M Stat. Ann § 45-5-301.1). Hatton contends that, given this limit on a temporary guardian’s'power, SM Gantz’ guardianship authorizing letter granting SM Gantz the power “to make only the.”
Richards v. McEachern, 2020-NMCA-023. “See § 45-5-301.1 (stating that guardianship may be imposed “only as is necessary to promote and to protect the well being of the person .”
Unnamed Mother v. United States (D.N.M. 2025). · cites it 2× “” See N.M. Stat. Ann. § 45-5-301.1 . General guardians, because of this power dynamic, are treated as fiduciaries and are charged with a higher standard of care.”
In Re Elizabeth A. (N.M. Ct. App. 2023). “See § 45-5-301.1 14 (“Guardianship for an incapacitated person shall be used only as is necessary to 15 promote and to protect the well[-]being of the person, shall be designed to encourage 16 the development of maximum self[-]reliance and independence of the person and 17 shall…”
In re Elizabeth A. (N.M. Ct. App. 2023). “See § 45-5-301.1 (“Guardianship for an incapacitated person shall be used only as is necessary to promote and to protect the well[-]being of the person, shall be designed to encourage the development of maximum self[-]reliance and independence of the person and shall be ordered…”
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