N.M. Stat. § 38-4-15
Appointment of guardian ad litem to defend suit.
Appointment of a guardian ad litem shall be made by the court in which the suit is
pending, or by the judge thereof in vacation, upon the written request and petition of a
relative or friend of the incapacitated person. However, in the event no relative or friend
of the incapacitated person makes application for the appointment of a guardian ad
litem within twenty days after service of process upon the incapacitated person, then the
court in which said action or proceeding is pending, may, upon the application of any
other party to the action or proceeding, appoint some qualified person to act as
guardian ad litem for the incapacitated person in said cause.