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

N.M. Stat. § 45-5-407 (2026)

Procedure for court appointment of a conservator.

✓ current as of May 2026
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A. Upon receipt of a petition for appointment of a conservator or other protective
order because of minority, the court shall set a date for hearing on the matters alleged
in the petition. 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 choice of the minor if the minor is fourteen years of age or older.
An attorney appointed by the court to represent a minor shall represent and protect the
interests of the minor.

    B. Upon receipt of a petition for appointment of a conservator for reasons other than
minority, the court shall set a date for hearing. Unless the person to be protected is
already represented by an attorney of the person's own choice, the court shall appoint
an attorney to represent the person to be protected in the proceeding. The court-
appointed attorney shall have the duties of a guardian ad litem as set forth in Section
Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 1999–2025 · leading case: In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999).
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In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). · cites it 148× “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
Clinesmith v. Temmerman, 2013 NMCA 24 (N.M. Ct. App. 2012). · cites it 6× “{4} In compliance with NMS A 1978, Section 45-5-407 (1998) of the Uniform Probate Code (UPC), the district court appointed a guardian ad litem on March 4, 2005, to represent Mr.”
Richards v. McEachern, 2020 NMCA 023 (N.M. Ct. App. 2019). · cites it 2× “6 See NMSA 1978, § 45-5-303 (2009, amended 2019) (stating guardianship procedures); NMSA 1978, § 45-5-407 (1998, amended 2019) (stating conservatorship procedures); § 45-5-102(D) (“When both guardianship and protective proceedings 7 as to the same person are commenced or pending…”
In Re Guardianship & Conservatorship of Linda D. (N.M. Ct. App. 2025). · cites it 9× “” See § 45-5-407(B)-(D). All three Court-Appointed Professionals 1 conducted the required investigations into Respondent’s capacity and submitted 2 separate written reports to the district court containing their findings and 3 recommendations.”
In Re Elizabeth A. (N.M. Ct. App. 2023). · cites it 5× “See § 45-5-303 (guardianship); § 45-5-407 (conservatorship). 13 1 Ultimately, based on this information, the district court must either dismiss the 2 petition or conclude by clear and convincing evidence that a guardianship and/or 3 conservatorship is justified in full or in…”
In re Elizabeth A. (N.M. Ct. App. 2023). · cites it 5× “See § 45-5-303 (guardianship); § 45-5-407 (conservatorship). Ultimately, based on this information, the district court must either dismiss the petition or conclude by clear and convincing evidence that a guardianship and/or conservatorship is justified in full or in part.”
In the Matter of Edward Maloof (N.M. Ct. App. 2010). · cites it 4× “13 Appointment of a Conservator When the Court Visitor Was Not Interviewed by 14 the Guardian Ad Litem 15 Appellant contends that the district court erred in appointing a conservator 16 when the guardian ad litem had not interviewed the court visitor as required by NMSA 17 1978,…”
Peck v. G-Force Gymnastics (N.M. Ct. App. 2024). · cites it 2× “…the same provisions in its Uniform Probate Code. NMSA 1978, § 45-5-401 (1993); NMSA 1978, § 45-5-404 (2018); NMSA 1978, § 45-5-407 (2019); NMSA 1978, § 45-5-410 (2019); NMSA 1978, § 45-5-424 (1975). Based on the Uniform Probate Code provisions and the right of minors…”
N.M. Stat. § 45-5-407(0): 1 case
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
N.M. Stat. § 45-5-407(1): 1 case
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
N.M. Stat. § 45-5-407(1X4): 1 case
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
N.M. Stat. § 45-5-407(A): 1 case
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
N.M. Stat. § 45-5-407(B): 6 cases
Clinesmith v. Temmerman, 2013 NMCA 24 (N.M. Ct. App. 2012). “{4} In compliance with NMS A 1978, Section 45-5-407 (1998) of the Uniform Probate Code (UPC), the district court appointed a guardian ad litem on March 4, 2005, to represent Mr.”
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
In the Matter of Edward Maloof (N.M. Ct. App. 2010). “13 Appointment of a Conservator When the Court Visitor Was Not Interviewed by 14 the Guardian Ad Litem 15 Appellant contends that the district court erred in appointing a conservator 16 when the guardian ad litem had not interviewed the court visitor as required by NMSA 17 1978,…”
In Re Elizabeth A. (N.M. Ct. App. 2023). “See § 45-5-303 (guardianship); § 45-5-407 (conservatorship). 13 1 Ultimately, based on this information, the district court must either dismiss the 2 petition or conclude by clear and convincing evidence that a guardianship and/or 3 conservatorship is justified in full or in…”
In re Elizabeth A. (N.M. Ct. App. 2023). “See § 45-5-303 (guardianship); § 45-5-407 (conservatorship). Ultimately, based on this information, the district court must either dismiss the petition or conclude by clear and convincing evidence that a guardianship and/or conservatorship is justified in full or in part.”
N.M. Stat. § 45-5-407(C): 1 case
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
N.M. Stat. § 45-5-407(D): 1 case
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
N.M. Stat. § 45-5-407(E): 1 case
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
N.M. Stat. § 45-5-407(H): 3 cases
In Re Guardianship & Conservatorship of Linda D. (N.M. Ct. App. 2025). “” See § 45-5-407(B)-(D). All three Court-Appointed Professionals 1 conducted the required investigations into Respondent’s capacity and submitted 2 separate written reports to the district court containing their findings and 3 recommendations.”
In Re Elizabeth A. (N.M. Ct. App. 2023). “See § 45-5-303 (guardianship); § 45-5-407 (conservatorship). 13 1 Ultimately, based on this information, the district court must either dismiss the 2 petition or conclude by clear and convincing evidence that a guardianship and/or 3 conservatorship is justified in full or in…”
In re Elizabeth A. (N.M. Ct. App. 2023). “See § 45-5-303 (guardianship); § 45-5-407 (conservatorship). Ultimately, based on this information, the district court must either dismiss the petition or conclude by clear and convincing evidence that a guardianship and/or conservatorship is justified in full or in part.”
N.M. Stat. § 45-5-407(I): 4 cases
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
In Re Elizabeth A. (N.M. Ct. App. 2023). “See § 45-5-303 (guardianship); § 45-5-407 (conservatorship). 13 1 Ultimately, based on this information, the district court must either dismiss the 2 petition or conclude by clear and convincing evidence that a guardianship and/or 3 conservatorship is justified in full or in…”
In re Elizabeth A. (N.M. Ct. App. 2023). “See § 45-5-303 (guardianship); § 45-5-407 (conservatorship). Ultimately, based on this information, the district court must either dismiss the petition or conclude by clear and convincing evidence that a guardianship and/or conservatorship is justified in full or in part.”
In Re Guardianship & Conservatorship of Linda D. (N.M. Ct. App. 2025). “” See § 45-5-407(B)-(D). All three Court-Appointed Professionals 1 conducted the required investigations into Respondent’s capacity and submitted 2 separate written reports to the district court containing their findings and 3 recommendations.”
N.M. Stat. § 45-5-407(I)(1): 1 case
In Re Guardianship & Conservatorship of Linda D. (N.M. Ct. App. 2025). “” See § 45-5-407(B)-(D). All three Court-Appointed Professionals 1 conducted the required investigations into Respondent’s capacity and submitted 2 separate written reports to the district court containing their findings and 3 recommendations.”
N.M. Stat. § 45-5-407(I)(2): 1 case
In Re Guardianship & Conservatorship of Linda D. (N.M. Ct. App. 2025). “” See § 45-5-407(B)-(D). All three Court-Appointed Professionals 1 conducted the required investigations into Respondent’s capacity and submitted 2 separate written reports to the district court containing their findings and 3 recommendations.”
N.M. Stat. § 45-5-407(I)(4): 2 cases
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
In Re Guardianship & Conservatorship of Linda D. (N.M. Ct. App. 2025). “” See § 45-5-407(B)-(D). All three Court-Appointed Professionals 1 conducted the required investigations into Respondent’s capacity and submitted 2 separate written reports to the district court containing their findings and 3 recommendations.”
N.M. Stat. § 45-5-407(I)(5): 2 cases
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
In the Matter of Edward Maloof (N.M. Ct. App. 2010). “13 Appointment of a Conservator When the Court Visitor Was Not Interviewed by 14 the Guardian Ad Litem 15 Appellant contends that the district court erred in appointing a conservator 16 when the guardian ad litem had not interviewed the court visitor as required by NMSA 17 1978,…”
N.M. Stat. § 45-5-407(J): 1 case
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
N.M. Stat. § 45-5-407(K): 1 case
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
N.M. Stat. § 45-5-407(L): 1 case
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
N.M. Stat. § 45-5-407(M): 1 case
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
N.M. Stat. § 45-5-407(O): 1 case
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
N.M. Stat. § 45-5-407(P): 1 case
Clinesmith v. Temmerman, 2013 NMCA 24 (N.M. Ct. App. 2012). “{4} In compliance with NMS A 1978, Section 45-5-407 (1998) of the Uniform Probate Code (UPC), the district court appointed a guardian ad litem on March 4, 2005, to represent Mr.”
N.M. Stat. § 45-5-407(Q): 1 case
In Re Conservatorship of Chisholm, 973 P.2d 261 (N.M. Ct. App. 1999). “As pertinent to this appeal, Subsection 45-5-401(A) permits a court to appoint a conservator of the estate and financial affairs of a minor "if the court determines that: (1) a minor owns property that requires management or protection that cannot otherwise be provided; [or] (2)…”
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