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New Mexico Statutes Chapter 45. Uniform Probate Code § 45-5-401. Conservatorship proceedings

Current as of January 01, 2024 | Updated by Findlaw Staff

Upon petition and after notice and hearing in accordance with the provisions of the [Uniform] Probate Code, the court may appoint a conservator as follows:

A. appointment of a conservator may be made in relation to the estate and financial affairs of a minor if the court determines that:

(1) a minor owns property that requires management or protection that cannot otherwise be provided;

(2) a minor has or may have financial affairs that may be jeopardized or prevented by his minority; or

(3) funds are needed for a minor's support and education and that protection is necessary or desirable to obtain or provide funds; and

B. appointment of a conservator may be made in relation to the estate and financial affairs of a person for reasons other than minority if the court finds that the person has property that may be wasted or dissipated unless proper management is provided; that funds are needed for the support, care and welfare of the person or those entitled to be supported by him; that protection is necessary or desirable to obtain or provide funds; and that:

(1) the person is incapacitated; or

(2) the person is unable to manage his estate and financial affairs effectively for reasons such as confinement, detention by a foreign power or disappearance.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 45. Uniform Probate Code § 45-5-401. Conservatorship proceedings - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-45-uniform-probate-code/nm-st-sect-45-5-401/

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