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

N.M. Stat. § 45-5-416 (2026)

Petitions for orders subsequent to appointment.

✓ current as of May 2026
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A. Any person interested in the welfare of a person for whom a conservator has
been appointed may file a petition in the appointing court for an order:

      (1)    requiring bond or security or additional bond or security, or reducing bond;

      (2)    requiring an accounting for the administration of the estate;

      (3)    directing distribution;

      (4)    removing the conservator and appointing a temporary or successor
conservator; or

      (5)    granting other appropriate relief.

    B. A conservator may petition the appointing court for instructions concerning his
fiduciary responsibility.

   C. Upon notice and hearing, the court may give appropriate instructions or make
any appropriate order.

History: 1953 Comp., § 32A-5-416, enacted by Laws 1975, ch. 257, § 5-416.

                                       ANNOTATIONS

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 §§ 33, 45, 54, 147, 154; 49 C.J.S. Insane Persons § 40.
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1994–2023 · leading case: Richards v. McEachern, 2020 NMCA 023 (N.M. Ct. App. 2019).
Sort: Relevance Newest Treatment
Richards v. McEachern, 2020 NMCA 023 (N.M. Ct. App. 2019). · cites it 4× “]” {50} We note also that, although Article 5 provides a mechanism by which “[a] conservator may petition the appointing court for instructions concerning his fiduciary responsibility[,]” Section 45-5-416(B), and the court may provide instructions or make orders “[u]pon notice…”
Lucero v. Lucero, 884 P.2d 527 (N.M. Ct. App. 1994). · cites it 2× “” Appellant contends further that if the conservator believes the protected person legitimately wants to change her will, the conservator must either: (1) petition to terminate the conservatorship under Section 45-5-430; or (2) seek instruction from the appointing court pursuant…”
Clinesmith v. Temmerman, 2013 NMCA 24 (N.M. Ct. App. 2012). “protective proceeding” who requests notice); §§45-5-416(C), -430. {25} The UPC requires substantial judicial oversight throughout the conservatorship proceedings and continuing until the protected person’s death and termination of the conservatorship.”
In Re Elizabeth A. (N.M. Ct. App. 2023). · cites it 4× “Section 45-5-416(A)(2), (5); see also 7 § 45-5-416(B) (permitting a conservator to “petition the appointing court for 8 instructions concerning [their] fiduciary responsibility”); § 45-5-416(C) (allowing 9 for the court to provide instructions or make orders “[u]pon notice and…”
In re Elizabeth A. (N.M. Ct. App. 2023). · cites it 4× “Section 45-5-416(A)(2), (5); see also § 45-5-416(B) (permitting a conservator to “petition the appointing court for instructions concerning [their] fiduciary responsibility”); § 45-5-416(C) (allowing for the court to provide instructions or make orders “[u]pon notice and…”
In the Matter of Edward Maloof (N.M. Ct. App. 2010). · cites it 4× “Unlike Section 45-5-430, Section 45-5-416(A) does not 19 specify that the protected person may file a motion pursuant to its provisions.”
— N.M. Stat. § 45-5-416(A) — 1 case
In the Matter of Edward Maloof (N.M. Ct. App. 2010). “Unlike Section 45-5-430, Section 45-5-416(A) does not 19 specify that the protected person may file a motion pursuant to its provisions.”
— N.M. Stat. § 45-5-416(A)(2) — 2 cases
In Re Elizabeth A. (N.M. Ct. App. 2023). “Section 45-5-416(A)(2), (5); see also 7 § 45-5-416(B) (permitting a conservator to “petition the appointing court for 8 instructions concerning [their] fiduciary responsibility”); § 45-5-416(C) (allowing 9 for the court to provide instructions or make orders “[u]pon notice and…”
In re Elizabeth A. (N.M. Ct. App. 2023). “Section 45-5-416(A)(2), (5); see also § 45-5-416(B) (permitting a conservator to “petition the appointing court for instructions concerning [their] fiduciary responsibility”); § 45-5-416(C) (allowing for the court to provide instructions or make orders “[u]pon notice and…”
— N.M. Stat. § 45-5-416(A)(4) — 1 case
In the Matter of Edward Maloof (N.M. Ct. App. 2010). “Unlike Section 45-5-430, Section 45-5-416(A) does not 19 specify that the protected person may file a motion pursuant to its provisions.”
— N.M. Stat. § 45-5-416(B) — 4 cases
Richards v. McEachern, 2020 NMCA 023 (N.M. Ct. App. 2019). “]” {50} We note also that, although Article 5 provides a mechanism by which “[a] conservator may petition the appointing court for instructions concerning his fiduciary responsibility[,]” Section 45-5-416(B), and the court may provide instructions or make orders “[u]pon notice…”
Lucero v. Lucero, 884 P.2d 527 (N.M. Ct. App. 1994). “” Appellant contends further that if the conservator believes the protected person legitimately wants to change her will, the conservator must either: (1) petition to terminate the conservatorship under Section 45-5-430; or (2) seek instruction from the appointing court pursuant…”
In Re Elizabeth A. (N.M. Ct. App. 2023). “Section 45-5-416(A)(2), (5); see also 7 § 45-5-416(B) (permitting a conservator to “petition the appointing court for 8 instructions concerning [their] fiduciary responsibility”); § 45-5-416(C) (allowing 9 for the court to provide instructions or make orders “[u]pon notice and…”
In re Elizabeth A. (N.M. Ct. App. 2023). “Section 45-5-416(A)(2), (5); see also § 45-5-416(B) (permitting a conservator to “petition the appointing court for instructions concerning [their] fiduciary responsibility”); § 45-5-416(C) (allowing for the court to provide instructions or make orders “[u]pon notice and…”
— N.M. Stat. § 45-5-416(C) — 4 cases
Richards v. McEachern, 2020 NMCA 023 (N.M. Ct. App. 2019). “]” {50} We note also that, although Article 5 provides a mechanism by which “[a] conservator may petition the appointing court for instructions concerning his fiduciary responsibility[,]” Section 45-5-416(B), and the court may provide instructions or make orders “[u]pon notice…”
Clinesmith v. Temmerman, 2013 NMCA 24 (N.M. Ct. App. 2012). “protective proceeding” who requests notice); §§45-5-416(C), -430. {25} The UPC requires substantial judicial oversight throughout the conservatorship proceedings and continuing until the protected person’s death and termination of the conservatorship.”
In Re Elizabeth A. (N.M. Ct. App. 2023). “Section 45-5-416(A)(2), (5); see also 7 § 45-5-416(B) (permitting a conservator to “petition the appointing court for 8 instructions concerning [their] fiduciary responsibility”); § 45-5-416(C) (allowing 9 for the court to provide instructions or make orders “[u]pon notice and…”
In re Elizabeth A. (N.M. Ct. App. 2023). “Section 45-5-416(A)(2), (5); see also § 45-5-416(B) (permitting a conservator to “petition the appointing court for instructions concerning [their] fiduciary responsibility”); § 45-5-416(C) (allowing for the court to provide instructions or make orders “[u]pon notice and…”
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