1. A. The guardian ad litem shall:

   1. (1) interview in person the alleged incapacitated person prior to the hearing;
   2. (2) present the alleged incapacitated person's declared position to the court;
   3. (3) identify and present all available less restrictive alternatives to guardianship;
   4. (4) interview the qualified health care professional, the visitor and the proposed guardian;
   5. (5) review both the medical report submitted by the qualified health care professional and the report by the visitor;
   6. (6) obtain independent medical or psychological assessments, or both, if necessary; and
   7. (7) file a written report with the court prior to the hearing on the petition for appointment.
2. 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.

History: 1978 Comp., § 45-5-303.1, enacted by Laws 1989, ch. 252, § 6; 1993, ch. 301, § 4; 2019, ch. 228, § 3; 2021, ch. 128, § 6.

ANNOTATIONS

The 2021 amendment, effective July 1, 2021, required guardians ad litem to identify and present all available less restrictive alternatives to guardianship; in Subsection A, added a new Paragraph A(3) and redesignated the succeeding paragraphs accordingly.

The 2019 amendment, effective July 1, 2019, required a guardian ad litem to file a written report with the court prior to a hearing on a petition for appointment; in Subsection A, added new Paragraph A(6).

The 1993 amendment, effective July 1, 1993, designated Subsection A; in Subsection A, deleted "appointed by the court pursuant to Subsection C of Section 45-5-303 NMSA 1978" following "litem" in the introductory paragraph, redesignated former Subsections A to E as Paragraphs (1) to (5), inserted "in person" in Paragraph (1), and substituted "report" for "affidavit" in Paragraph (4); added Subsection B; and made a minor stylistic change.