Rule 1-140 NMRA
Rule 1-140. Guardianship and conservatorship proceedings; mandatory use of forms.
A. Order determining persons entitled to notice of proceedings and access to
court records. When the court files an order appointing a guardian or conservator, the
court shall file a separate order using Form 4-993 NMRA to identify all persons entitled
to notice of the proceedings and access to court records following the appointment.
B. Order to secure or waive bond. When the court files an order appointing a
conservator, the court shall file a separate order using Form 4-994 NMRA directing the
conservator to secure bonding or an alternative asset-protection arrangement or
waiving the bonding requirement, as provided in Section 45-5-411 NMSA 1978.
C. Notice of bonding and corporate surety statement. Unless waived by the
court, a conservator shall file a separate notice of bonding using Form 4-995 NMRA.
The notice of bonding shall be filed at the same time that an inventory or report is filed
under Paragraphs E or F of this rule. A statement completed by the corporate surety
using Form 4-995.1 NMRA shall be attached to a notice of bonding filed under this
paragraph.
D. Guardian’s report. A guardian filing a ninety (90)-day, annual, or final report
under Section 45-5-314 NMSA 1978 shall use Form 4-996 NMRA.
E. Conservator’s inventory. A conservator filing a ninety (90)-day inventory under
Section 45-5-418 NMSA 1978 shall use Form 4-997 NMRA.
F. Conservator’s report. A conservator filing an annual or final report under
Section 45-5-409 NMSA 1978 shall use Form 4-998 NMRA.
G. Notice of hearing and rights. A person filing a petition to appoint a guardian or
conservator shall use Form 4-999 NMRA to provide notice of the hearing on the petition
and notice of the rights of the alleged incapacitated person as required under Sections
45-5-309 and 45-5-405 NMSA 1978.