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In the state of New Mexico, we recognize three types of guardianship legal, informal, and temporary. Now, with all three, there are different restrictions that are applicable to the individual situation and will be determined by the courts if that is something you and your family go through.
Guardians and Conservators The law dealing with adult guardianship and conservatorship in New Mexico is contained in the Probate Code. ... There are many legal steps in the adult guardianship and conservatorship process. ... Step 1 ? Filing of the Petition. ... Step 2 ? Appointment of Professionals. ... Step 3 ? Court Hearing.
In order to be appointed as the legal guardian of a child you must file a petition with the court. If the child's parents agree you can have them sign a consent form and file it with the court, but you must still go through the court proceeding become the child's legal guardian.
An adult guardianship/conservatorship case begins when a petition is filed at the district court. If harm to the alleged incapacitated person may occur while waiting for the judge to hold a hearing on the petition, the judge may appoint a temporary guardian and/or a temporary conservator.
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.