More Guardianship Changes Passed SenateJudiciary

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New Mexico Senate Republican Office

Immediate Release  February 27, 2019

Contact: 505-986-4702

 

         SWHIJ

 

 

 

  

                 SENATOR White

                  R – Bernalillo – 19

                 Sandoval, Santa Fe

                          Torrance

More Guardianship Changes Passed Senate Judiciary

 

SB 395a

UNIFORM PROBATE CODE CHANGES

(to get bill document press CTRl and click the bill #)

 

Santa Fe—The Senate Judiciary committee tonight gave a due pass to SB 395- Uniform Probate Code Changes.

 

The bill makes some changes to the bi-partisan effort last session to improve New Mexico’s guardianship system so when the state’s most vulnerable, incapacitated people, minors and adults alike, are placed under court-ordered guardianship the chances of abuse and fraud by guardians won’t be so easy any longer.

 

SB 395 amends, repeals and enacts new sections of the new Uniform Probate Code dealing with adult guardianship and conservatorship cases.

 

Among other things, it adds specific rights of alleged incapacitated person at a hearing on a petition for appointment of a guardian for an alleged incapacitated person; it allows the court to appoint  an investigator and report to court the “status of the protected person and guardian; it requires guardians to submit a written report to court prior to a hearing on a petition; it also requires a professional guardian appointed by court to be certified and in good standing with a state or national organization that provides profession

 

“We have an improved procedure and the work that was done over the interim with many of the stakeholders make further improvements in the guardianships and conservatorship laws,” Senator White said.

 

 

 

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