Albuquerque Guardianship and Conservatorship Law Attorney

Understanding Guardianships and Conservatorships

In New Mexico, the court can appoint either a Guardianship or a Conservatorship or both when a person becomes unable to manage his/her own care and/or finances and does not have a power of attorney in place. We assist families confronted with a loved one’s permanent or temporary incapacity by establishing guardianship and/or conservatorship through the courts.

A Guardian is appointed to manage the incapacitated person’s physical needs and well-being, including health care, personal care, housekeeping, transportation, extracurricular activities, and routine daily activities.

A Conservator is appointed to manage the incapacitated person’s finances. This requires that the conservator inventory, keep accurate records, invest and protect the person’s assets, ensure all expenses and bills are paid, and ensure that the person’s financial needs are met.

Should I Get a Guardianship or Conservatorship

One of the most difficult decisions a person can make is whether a guardianship/conservatorship is appropriate for your loved one. Our founder can review your circumstances with compassion and assist in making the final determination. When the courts review the petition for guardianship or conservatorship a court may consider evidence of a diagnosis, but a diagnosis alone will not guarantee a positive outcome.

The court will consider a number of factors including their understanding of their finances and obligations, ability to manage day-to-day activities, mobility, vulnerability and susceptibility to fraud and exploitation. Our experienced founding attorney can assist in navigating the complexities of the court procedures and help you care for your loved one.

Petitioning for a Guardianship or Conservatorship

In New Mexico, the general process involves:

1. Filing a petition and required pleadings with the court.
2. Providing notice to your loved one and any interested parties.
3. An investigation by three professionals who make a report and recommendation to the court. 4) A hearing to determine whether a guardianship/conservatorship is necessary.
4. Submission of the proper pleadings to the court if it is determined a guardianship or conservatorship is necessary.

When a guardian or conservator is appointed, the court continues to supervise the appointment and requires annual reporting. Our experienced founder and her team can assist you by offering comprehensive and compassionate legal advice, from determining whether it is appropriate to petition for guardianship/conservatorship to assisting with the proper filings and court hearing and assisting with the ongoing management of the guardianship/conservatorship.

Emergency Proceedings

A temporary guardianship or conservatorship may be appropriate in an emergency situation, such as when an incapacitated adult needs immediate medical decisions made for them, but they have no estate planning documents assigning a person to do so. A temporary may be granted in certain circumstances while the general guardianship/conservatorship proceeding is in process. This proceeding requires swift action by the professionals. With the assistance of our experienced team, we can ensure that your case proceeds quickly and efficiently to ensure your loved one gets the assistance needed.