New Mexico Statutes

N.M. Stat. § 45-5-313 (2026)

Proceedings subsequent to appointment; venue.

✓ current as of May 2026
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A. The court where the protected person resides has concurrent jurisdiction with the
court that appointed the guardian, or in which acceptance of a testamentary
appointment was filed, over resignation, removal, accounting and other proceedings
relating to the guardianship.

    B. Subject to the transfer provisions of the Uniform Adult Guardianship and
Protective Proceedings Jurisdication [Jurisdiction] Act, if the court located where the
protected person resides is not the court in which acceptance of appointment is filed,
the court in which proceedings subsequent to appointment are commenced shall in all
appropriate cases notify the other court, in this or another state, and after consultation
with that court determine whether to retain jurisdiction or transfer the proceedings to the
other court, whichever may be in the best interests of the protected person. A copy of
any order accepting a resignation or removing a guardian shall be sent to the court in
which acceptance of appointment is filed.

History: 1953 Comp., § 32A-5-313, enacted by Laws 1975, ch. 257, § 5-313; 2009, ch.
159, § 40; 2011, ch. 124, § 57.

                                     ANNOTATIONS
Bracketed material. — The bracketed material was inserted by the compiler to correct
a typographical error, and is not part of the law.

The 2011 amendment, effective January 1, 2012, made the transfer of jurisdiction
subject to the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

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

Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and effect of provision for
service of process against minor on a parent, guardian or other designated person, 92
A.L.R.2d 1336.

14 C.J.S. Chemical Dependents § 4; 49 C.J.S. Insane Persons § 137.
Notes of Decisions
Cited in 1 case, 2019–2019 · leading case: Richards v. McEachern, 2020 NMCA 023 (N.M. Ct. App. 2019).
Richards v. McEachern, 2020 NMCA 023 (N.M. Ct. App. 2019). “18 See § 45-5-303(F) (discussing “alleged incapacitated person’s best interest” in the context of the need for the court to determine whether “it is not in the alleged incapacitated person’s best interest to be present” at the hearing “on the issues raised by the petition and…”
N.M. Stat. § 45-5-313(B): 1 case
Richards v. McEachern, 2020 NMCA 023 (N.M. Ct. App. 2019). “18 See § 45-5-303(F) (discussing “alleged incapacitated person’s best interest” in the context of the need for the court to determine whether “it is not in the alleged incapacitated person’s best interest to be present” at the hearing “on the issues raised by the petition and…”
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.