A. A guardian or conservator appointed in New Mexico may petition the court to transfer the guardianship or conservatorship to another state.

B. Notice of a petition pursuant to Subsection A of this section shall be given to the persons that would be entitled to notice of a petition in New Mexico for the appointment of a guardian or conservator.

C. On the court's own motion, or on request of the guardian or conservator, the incapacitated or protected person or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to Subsection A of this section.

D. The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:

1. (1) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
2. (2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and

3. (3) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.

   E. The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:

4. (1) the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors set forth in Subsection B of Section 45-5A-201 NMSA 1978;
5. (2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and

6. (3) adequate arrangements will be made for management of the protected person's property.

   F. The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:

7. (1) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred that is issued pursuant to provisions similar to those set forth in Section 45-5A-302 NMSA 1978; and
8. (2) the documents required to terminate a guardianship or conservatorship in New Mexico.

History: 1978 Comp., § 45-5A-301, enacted by Laws 2011, ch. 124, § 77.

ANNOTATIONS

Effective dates. — Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 77 effective January 1, 2012.