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

N.M. Stat. § 45-5-417 (2026)

General duty of conservator.

✓ current as of May 2026
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In the exercise of a conservator's powers, a conservator shall act as a fiduciary and
shall observe the standards of care applicable to trustees as described by Sections
46A-8-801 through 46A-8-807 NMSA 1978.

History: 1953 Comp., § 32A-5-417, enacted by Laws 1975, ch. 257, § 5-417; 2011, ch.
124, § 58.

                                       ANNOTATIONS
The 2011 amendment, effective January 1, 2012, changed the statutory reference to
Sections 46A-8-801 through 46A-8-807 NMSA 1978.

Conservator may facilitate execution of will. — Although a conservator must avoid
conflicts of interest and must act as a trustee of property, it does not follow that because
the conservator is appointed by the district court the conservator is an officer of the
court, or that by arranging for the execution of a new will the conservator breached his
fiduciary duties. Lucero v. Lucero, 1994-NMCA-128, 118 N.M. 636, 884 P.2d 527.

Conservator may not file bankruptcy petition for missing debtor. — A conservator
may not file a voluntary petition for bankruptcy on behalf of a debtor who is missing and
whose whereabouts are unknown. In re King, 234 B.R. 515 (Bankr. D.N.M. 1999).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Care required of trustee or guardian
with respect to retaining securities coming into his hands as assets of the estate, 112
A.L.R. 355.

Right of guardian or committee of incompetent to incur obligations so as to bind
incompetent or his estate, or to make expenditures, without prior approval by court, 63
A.L.R.3d 780.

Validity of inter vivos gift by ward to guardian or conservator, 70 A.L.R.4th 499.

14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward § 69; 49 C.J.S.
Insane Persons § 49.
Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1994–2023 · leading case: Clinesmith v. Temmerman, 2013 NMCA 24 (N.M. Ct. App. 2012).
Sort: Relevance Newest Treatment
Clinesmith v. Temmerman, 2013 NMCA 24 (N.M. Ct. App. 2012). · cites it 2× “” Section 45-5-417. Thus, a conservator has the authority and obligation to manage the financial affairs of the protected person in that person’s stead.”
Richards v. McEachern, 2020 NMCA 023 (N.M. Ct. App. 2019). · cites it 2× “” Section 45- 5-401(B) states that the authority of a conservator relates to “the estate and financial affairs of” incapacitated persons, and Section 45-5-417 requires conservators to act as fiduciaries in the exercise of their powers.”
State v. Davis, 968 P.2d 808 (N.M. Ct. App. 1998). · cites it 2× “NMSA 1978, § 45-5-209 (1995) (duty of guardian of minor); NMSA 1978, § 45-5-417 (1975) (duty of conservator); NMSA 1978, § 45-7-302 (1975) (duty of trustee).”
Lucero v. Lucero, 884 P.2d 527 (N.M. Ct. App. 1994). “See § 45-5-417. It is also true that the conservator must avoid conflicts of interest and acts as a trustee of the property.”
In Re King, 234 B.R. 515 (Bankr. D.N.M. 1999). · cites it 2× “NMSA 1978 § 45-5-417 (1995 Repl.). Filing bankruptcy on behalf of Ms.”
In Re Elizabeth A. (N.M. Ct. App. 2023). · cites it 2× “” Section 45-5-417. Specifically, after a 4 conservator has been appointed, an interested party “may file a petition in the 5 appointing court” for an order, in relevant part, requiring an accounting of the estate 6 or for an order granting appropriate relief.”
In re Elizabeth A. (N.M. Ct. App. 2023). · cites it 2× “” Section 45-5-417. Specifically, after a conservator has been appointed, an interested party “may file a petition in the appointing court” for an order, in relevant part, requiring an accounting of the estate or for an order granting appropriate relief.”
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