Rule 1-156. Successor guardian.

If a guardian appointed under the Kinship Guardianship Act dies or is incapacitated, a new petition for the appointment of a guardian may be filed by the new caregiver. The court is not bound by any agreements made between the Children, Youth and Families Department (“the department”) and a kin caregiver addressing a successor guardian in a guardianship assistance agreement, but under Section 40-10B-19(B) NMSA 1978, the department may be required to pay the costs associated with a qualified successor guardian in obtaining a subsidized guardianship of the child in an amount limited by the Kinship Guardianship Act.