1. A. The department explores other options such as representative payee, power of attorney, surrogate decision-makers, trusts and living wills, prior to initiating guardianship or conservatorship proceedings.
2. B. The department recommends limiting the powers of a guardianship or conservatorship to only those areas necessary to accommodate the adult’s limitations.
3. C. The APS attorney completes the guardianship/conservatorship petition based on information provided by the department caseworker.

4. D. The department provides written notice that a petition has been filed. A copy of the petition and any interim order is served personally on the alleged incapacitated adult and given to all interested parties at least 14 days before the date the hearing is scheduled. Interested parties entitled to notice include:

   (1) the alleged incapacitated adult;

   (2) the adult’s spouse, parents and adult children;

   (3) if there are no spouse, parents or adult children, at least one of his closest relatives;

   (4) any person serving as the adult’s guardian or conservator or who has primary responsibility for the person’s care;

   (5) any interested person who has filed a request for notice with the court; and

   (6) any other person the court indicates.

5. E. Unless the adult has his own attorney, the court must appoint one to represent him.
6. F. The department recommends a qualified health care professional to examine the adult prior to the hearing.

7. G. The department provides the visitor a letter outlining the responsibilities of the visitor as per the Probate Code and the department and requests that the visitor sign a statement of confidentiality.

   (1) The department caseworker negotiates a fee for the visitor not to exceed $60.00 an hour with a limit of six hours per client to perform all the visitor’s duties. A higher fee may be paid if approved by the APS attorney.

   (2) The department reimburses the visitor’s mileage at the DFA rate (see 2.42.2 NMAC).

   (3) The visitor must submit an itemized statement for his services prior to payment.

8. H. Department employees cannot serve as visitors in cases filed by the APS attorney.

[8.11.5.17 NMAC - Rp, 8 NMAC 11.5.17, 10/30/08]