1. A. Notice of the time and place of hearing of a petition for the appointment of a guardian of a minor is to be given by the petitioner in the manner prescribed by Section 1-401 [45-1-401 NMSA 1978] to:

   1. (1) the minor, if he is fourteen or more years of age;
   2. (2) the person who has had the principal care and custody of the minor during the sixty days preceding the date of the petition; and
   3. (3) any living parent of the minor.
2. B. Upon hearing, if the court finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of Section 5-204 [45-5-204 NMSA 1978] have been met and the best interests of the minor will be served by the requested appointment, it shall make the appointment. In other cases the court may dismiss the proceedings, or make any other disposition of the matter that will serve the best interests of the minor.
3. C. If necessary, the court may appoint a temporary guardian, with the status of a permanent guardian of a minor, but the authority of a temporary guardian shall not last longer than six months.
4. D. If, at any time in the proceeding, the court finds the minor is or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen years of age or older.

History: 1953 Comp., § 32A-5-207, enacted by Laws 1975, ch. 257, § 5-207.

ANNOTATIONS

Participation in visitation action does not waive rights in guardianship action. — Mother did not waive her right to notice of a permanent guardianship proceeding, despite her subsequent entry of appearance and participation in stipulations regarding visitation. Marlaine F.G. v. Fastle, 1998-NMCA-003, 124 N.M. 468, 952 P.2d 463.

Notice to living parent. — Grandparents failed to give requisite notice of their petition for guardianship of their grandchild to the grandchild’s living parent; it was undisputed that the document given to grandparents authorizing them to sign papers for medical reasons included the parent’s address and telephone number, and that grandparents made no attempt to notify the grandchild’s parent in any way, including publication. In re Guardianship of Sabrina Mae D., 1992-NMCA-050, 114 N.M. 133, 835 P.2d 849, cert. denied, Sabrina Mae D. v. Northcutt, 113 N.M. 744, 832 P.2d 1223.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of appointment of guardian or curator for infant without service of process upon, or notice to, latter, 1 A.L.R. 919.

Construction and application of statute prescribing that notice of petition or hearing for appointment of guardian be of such nature or be given to such persons as court deems reasonable or proper, 109 A.L.R. 338.

Necessity and sufficiency of notice to infant or other incompetent of application for appointment of successor to guardian or committee, 138 A.L.R. 1364.

39 C.J.S. Guardian and Ward §§ 20, 23, 27, 28.