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Current as of January 01, 2024 | Updated by Findlaw Staff
A. The guardian ad litem shall:
(1) interview in person the alleged incapacitated person prior to the hearing;
(2) present the alleged incapacitated person's declared position to the court;
(3) identify and present all available less restrictive alternatives to guardianship;
(4) interview the qualified health care professional, the visitor and the proposed guardian;
(5) review both the medical report submitted by the qualified health care professional and the report by the visitor;
(6) obtain independent medical or psychological assessments, or both, if necessary; and
(7) file a written report with the court prior to the hearing on the petition for appointment.
B. Unless otherwise ordered by the court, the duties of the guardian ad litem terminate and the guardian ad litem is discharged from duties upon entry of the order appointing the guardian and acceptance of the appointment by the guardian.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 45. Uniform Probate Code § 45-5-303.1. Duties of guardian ad litem - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-45-uniform-probate-code/nm-st-sect-45-5-303-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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