New Mexico Forms Library

4A-516. Letters of guardianship.

STATE OF NEW MEXICO

COUNTY OF _______________

_________ JUDICIAL DISTRICT

LETTERS OF GUARDIANSHIP

On _____________________, 20___ this court entered an order appointing _____________________________ (Petitioner(s)) as the guardian(s) of _________________________________________________________ (minor child(ren)) under Sections 40-10B-1 to -21 NMSA 1978 and Rule 1-155 NMRA.

WHEREFORE, the order appointing kinship guardian(s) suspends the rights of the Respondent(s) and vests in the guardian(s) all rights and responsibilities of a parent, except for the right to consent to adoption of the child(ren), including but not limited to:

1.   Petitioner(s) is/are permitted to consent to medical, mental health, and dental services and treatment for the minor child(ren) not prohibited by other law;

2.   Petitioner(s) is/are permitted to seek tribal, state, and federal benefits on behalf of the child(ren) without reference to the income of Petitioners (the benefits should be based on the parent(s)’ income);

3.   Petitioner(s) is/are permitted to enroll the child(ren) in school and extracurricular activities, including religious activities and ceremonies;

4.   Petitioner(s) shall be considered the education decision maker or surrogate parent under Section 300.519 of the Individuals with Disabilities Education Act.

5.   Petitioner(s) is/are permitted to obtain and modify vital records for the child(ren);

6.   Petitioner(s) is/are permitted to _______________________________________

___________________________________________________________________

__________________________________________________________________.

WITNESS, the Honorable _________________, District Court Judge, and the seal of the _____________ Judicial District Court on ______________________.

CLERK OF THE DISTRICT COURT

[Adopted by Supreme Court Order No. 22-8300-020, effective for all pleadings and papers filed on or after December 31, 2022.]