New Mexico Forms Library

4-999. Notice of hearing and rights.

STATE OF NEW MEXICO

COUNTY OF _________________

__________ JUDICIAL DISTRICT

NOTICE OF HEARING AND RIGHTS

            A hearing will be held at the following date, time, and location on the Petition to Appoint a Guardian and/or Conservator for ___________________ (alleged incapacitated person):

            The purpose of the hearing will be to determine whether protection is needed for ______________________ (alleged incapacitated person) and _____________________ (alleged incapacitated person)’s property.

            Before the hearing, the Court will appoint a visitor, a qualified health care professional, and if necessary, a guardian ad litem to advise the Court about __________________________ (alleged incapacitated person)’s capacity and whether a guardian and/or conservator should be appointed.

            If the Court appoints a guardian and/or a conservator, the guardian and/or conservator,

            (1)       will have authority to make decisions over some or all of ___________________ (alleged incapacitated person)’s personal and/or financial affairs;

            (2)       must use their decision-making authority only when necessary to promote and protect the well being and/or financial interests of _____________________ (alleged incapacitated person); and

            (3)       must use their decision-making authority in a manner that encourages the development of maximum self-reliance and independence of ____________________ (alleged incapacitated person).

            If the Court appoints a guardian and/or conservator, ______________________ (alleged incapacitated person) retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted to the guardian and/or conservator by the Court.

NOTICE OF RIGHTS

            ____________________ (alleged incapacitated person) has the following rights under Sections 45-5-309(B) and 45-5-303 and/or 45-5-405(B) and 45-5-407 NMSA 1978:

            1.         The right to obtain an attorney of _______________________ (alleged incapacitated person)’s choice;

            2.         The right to object to the individuals appointed as visitor, qualified health care professional, and guardian ad litem;

            3.         The right to attend the hearing. If _______________________ (alleged incapacitated person) is unable to be present in court, the Court upon request or its own motion may conduct hearings at _______________________ (alleged incapacitated person)’s location;

            4.         The right to present evidence at the hearing and to subpoena witnesses and documents;

            5.         The right to examine witnesses at the hearing, including a court-appointed guardian ad litem, qualified health care professional, and visitor;

            6.         The right to otherwise participate in the hearing; and

            7.         The right to be personally served with a copy of this notice and of the petition filed in this proceeding.

            THE COURT SHALL NOT GRANT THE PETITION IF THE PETITION AND THIS NOTICE OF HEARING AND RIGHTS IS NOT PERSONALLY SERVED ON _______________________ (ALLEGED INCAPACITATED PERSON).

            A copy of this Notice of Hearing and Rights is being provided as required under Sections 45-5-309(C) and/or 45-5-405(C) NMSA 1978 to the following interested persons who are identified in the information sheet submitted with the Petition under Rule 1-003.2 NMRA:

(list names and addresses of all persons identified on the information sheet and of the guardian ad litem, visitor, and qualified health care professional appointed by the court)

_______________________________

_______________________________

_______________________________

_______________________________

_______________________________

USE NOTES

            This Notice of Hearing and Rights must be used in cases filed on or after October 15, 2018. In a case filed after July 1, 2018 but before October 15, 2018, the alleged incapacitated person must receive notice that substantially complies with the notice-of-rights requirements set forth in NMSA 1978, §§ 45-5-309(B) and 45-5-405(B).

[Provisionally approved by Supreme Court Order No. 18-8300-007, effective for all cases filed on or after October 15, 2018; approved as amended by Supreme Court Order No. 19-8300-001, effective January 14, 2019; as amended by Supreme Court Order No. 19-8300-019, effective December 1, 2019.]