New Mexico 2022 Regular Session Status: Enacted 2 D cosponsors

SB 35 — APPOINTMENT OF TEMPORARY GUARDIANS

Last action — Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 18, 2022. Enacted.

Prognosis

Advancing 58% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

194 added · 380 removed

Plain-language change summary

The revised version of SB 35 includes changes that streamline the process for appointing temporary guardians for individuals who may be incapacitated. Specifically, it mandates that a court must hold a hearing on the appointment of a temporary guardian within ten business days of the petitioner's request. This change aims to protect the health, safety, and welfare of the alleged incapacitated person by ensuring a quicker response in urgent situations. Additionally, it clarifies the reporting requirements for the guardian ad litem, ensuring timely and thorough reviews before any hearings.

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SENATE BILL 35 55TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2022 INTRODUCED BY Katy M.
AN ACT RELATING TO PROTECTIVE ARRANGEMENTS;
Duhigg and Joanne J.
REVISING PROCEDURES FOR THE APPOINTMENT OF TEMPORARY GUARDIANS AND TEMPORARY CONSERVATORS FOR ALLEGEDLY INCAPACITATED PERSONS;
Ferrary and Daymon Ely and Linda M.
CLARIFYING REPORTING REQUIREMENTS.
Lopez This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
SECTION 1.
AN ACT h RELATING TO PROTECTIVE ARRANGEMENTS;
Section 45-5-310 NMSA 1978 (being Laws 1975, Chapter 257, Section 5-310, as amended) is amended to read:
REVISING PROCEDURES FOR g o THE APPOINTMENT OF TEMPORARY GUARDIANS AND TEMPORARY t hr g e i k CONSERVATORS FOR ALLEGEDLY INCAPACITATED PERSONS;
"45-5-310.
CLARIFYING h r i s REPORTING REQUIREMENTS.
TEMPORARY GUARDIANS.-- A.
h , t, e u g e b l e e h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
When a petition for guardianship has been filed, but adherence to the procedures set out in Section 45-5-303 NMSA 1978 would cause serious, immediate and irreparable harm to the alleged incapacitated person's health, safety or welfare, the court may appoint a temporary guardian prior to the final hearing and decision on the petition, subject to the requirements of this section.
n d d i = = o h SECTION 1.
Section 45-5-310 NMSA 1978 (being Laws 1975, l ] b ,d i a º e Chapter 257, Section 5-310, as amended) is amended to read:
r i = r t e w d m a n o "45-5-310.
TEMPORARY GUARDIANS.-- d m :
b e d s º o t n = .221840.3AIC January 27, 2022 (6:37pm) s k m e e a n e d r e l u [ A d A.
When a petition for guardianship has been filed, but adherence to the procedures set out in [this section ] Section 45-5-303 NMSA 1978 would cause serious, immediate and irreparable harm to the alleged incapacitated person's [physical] health, safety or welfare, the court may appoint a temporary guardian prior to the final hearing and decision on the petition, subject to the requirements of this section.
Upon separate motion [of] by the petitioner, the court shall schedule and hold a hearing on the appointment of a temporary guardian [for the earliest possible date ] no later than ten business days from the date the motion is filed and appoint [counsel] a guardian ad litem for the alleged incapacitated person.
Upon separate motion by the petitioner, the court shall schedule and hold a hearing on the appointment of a temporary guardian no later than ten business days from the date the motion is filed and appoint a guardian ad litem for the alleged incapacitated person.
[and give notice as provided ] SHPACºThe guardian ad litem shall file a report no later than two days prior to the hearing.
The guardian ad litem shall file a report no later than two days prior to the hearing.
The report shall include those items found in Paragraphs (1) through (3) and Paragraph (7) of h Subsection A of Section 45-5-303.1 NMSA 1978.»SHPAC Notice of g o t hr the hearing shall be as set out in Section 45-5-309 NMSA 1978.
The report shall include those items found in Paragraphs (1) through (3) of Subsection A of Section SJC/SB 35 Page 1 45-5-303.1 NMSA 1978.
g e i k C.
Notice of the hearing shall be as set out in Section 45-5-309 NMSA 1978.
Upon a finding that serious, immediate and h r i s irreparable harm to the alleged incapacitated person's health, h , t, e u g safety or welfare would result during the pendency of petition, e b l e e h the court shall appoint a temporary guardian and shall specify n d d i = = o h the temporary guardian's powers in order to prevent serious, l ] b ,d i a º e immediate and irreparable harm to the alleged incapacitated r i = r t e w d m a n o person.
C.
The duration of the temporary guardianship shall not d m :
Upon a finding that serious, immediate and irreparable harm to the alleged incapacitated person's health, safety or welfare would result during the pendency of petition, the court shall appoint a temporary guardian and shall specify the temporary guardian's powers in order to prevent serious, immediate and irreparable harm to the alleged incapacitated person.
b e d s º o t n = .221840.3AIC January 27, 2022 (6:37pm) s k m e - 2 - e a n e d r e l u [ A d exceed [sixty] thirty days [except that upon order of the court, the temporary guardianship may be extended for not more than thirty days].
The duration of the temporary guardianship shall not exceed thirty days.
[C.] D.
D.
A temporary guardian may be appointed without notice to the alleged incapacitated person and [his ] to the alleged incapacitated person's attorney only if it clearly appears from specific facts shown by affidavit or sworn testimony that serious , immediate and irreparable harm will result to the alleged incapacitated [person ] person's health, safety or welfare before a ten-day hearing on the appointment of a temporary guardian can be held.
A temporary guardian may be appointed without notice to the alleged incapacitated person and to the alleged incapacitated person's attorney only if it clearly appears from specific facts shown by affidavit or sworn testimony that serious, immediate and irreparable harm will result to the alleged incapacitated person's health, safety or welfare before a ten-day hearing on the appointment of a temporary guardian can be held.
[The alleged incapacitated person shall be notified within twenty-four hours of the appointment of a temporary guardian by the petitioner as provided in Subsection C of Section 45-5-309 NMSA 1978.
If a temporary guardian is appointed without notice to the alleged incapacitated person and the alleged incapacitated person's attorney, the court shall schedule and hold a hearing no later than ten business days from the date the motion for temporary guardian is filed to SJC/SB 35 Page 2 determine whether the temporary guardianship should continue and, if so, to address the continued authority of the temporary guardian.
On two h days' notice to the party who obtained the appointment of a u » r temporary guardian without notice, or on such shorter notice to t h g e l i that party as the court may prescribe] If a temporary guardian h r i s is appointed without notice to the alleged incapacitated person h , e h and the alleged incapacitated person's attorney, the court t u g e b l e e , gh shall schedule and hold a hearing no later than ten business n d d i = = o h days from the date the temporary guardian is appointed to l ] b ,d i a º r determine whether the temporary guardianship should continue e r = t e w d m a n o and, if so, to address the continued authority of the temporary d m :
b r e t º o t n = .221840.3AIC January 27, 2022 (6:37pm) s k m e - 3 - e a n e d r e l u [ A d guardian.
The alleged incapacitated person, [or his] the alleged incapacitated person's counsel or any interested person may appear and move dissolution or modification of the court's order, and, in that event, the court shall proceed to hear and determine such motion [as expeditiously as the ends of justice require] at the initial ten-day hearing or no later than ten business days from the date the motion is made, whichever comes first.
The alleged incapacitated person, the alleged incapacitated person's counsel or any interested person may appear and move dissolution or modification of the court's order, and, in that event, the court shall proceed to hear and determine such motion at the initial ten-day hearing or no later than ten business days from the date the motion is made, whichever comes first.
[D.] E.
E.
A temporary guardian is entitled to the care and custody of the alleged incapacitated person, [and the authority of any permanent guardian previously appointed by the court is suspended as to those specific matters granted to the h temporary guardian by the court] but a temporary guardian may g o t hr not sell or dispose of any property belonging to the alleged g e i k incapacitated person SHPACº, or make a change to the housing or h r i s other placement of the alleged incapacitated person,»SHPAC h , t, without specific authorization from the court.
A temporary guardian is entitled to the care and custody of the alleged incapacitated person, but a temporary guardian may not sell or dispose of any property belonging to the alleged incapacitated person, or make a change to the housing or other placement of the alleged incapacitated person, without specific authorization from the court.
A temporary e u g e b l e e h guardian may be removed by the court at any time.
A temporary guardian may be removed by the court at any time.
A temporary n d d i = = o h guardian shall [make any report the court requires ] file an l ] b ,d i a º e initial written report with the court within fifteen days of r i = r t e w d m a n o appointment by completing the guardian's report, as approved by d m :
A temporary guardian shall file an initial written report with the court within fifteen days of appointment by completing the guardian's report, as approved by the supreme court.
b e d s º o t n = .221840.3AIC January 27, 2022 (6:37pm) s k m e - 4 - e a n e d r e l u [ A d the supreme court.
A temporary guardian shall file a final written report with the court by completing the guardian's report, as SJC/SB 35 Page 3 approved by the supreme court, within fifteen days of the termination of the temporary guardianship or as otherwise ordered by the court.
A temporary guardian shall file a final written report with the court by completing the guardian's report, as approved by the supreme court, within fifteen days of the termination of the temporary guardianship or as otherwise ordered by the court.
[E.
F.
] F.
Appointment of a temporary guardian shall have the temporary effect of limiting the legal rights of the alleged incapacitated person as specified in the court order.
Appointment of a temporary guardian shall have the temporary effect of limiting the legal rights of the [individual ] alleged incapacitated person as specified in the court order.
When a petition for [appointment of a h conservator] conservatorship has been filed, but adherence to g o t hr the procedures set out in [this section ] Section 45-5-407 NMSA g e i k 1978 would cause serious, immediate and irreparable harm to the h r i s alleged incapacitated person's SHPACºor minor's»SHPAC estate h , t, or financial interests, or both, [of the person to be e u g e b l e e h protected] the court may appoint a temporary conservator prior n d d i = = o h to the final hearing and decision on the petition, subject to l ] b ,d i a º e the requirements of this section.
When a petition for conservatorship has been filed, but adherence to the procedures set out in Section 45-5-407 NMSA 1978 would cause serious, immediate and irreparable harm to the alleged incapacitated person's or minor's estate or financial interests, or both, the court may appoint a temporary conservator prior to the final hearing and decision on the petition, subject to the requirements of this section.
r i = r t e w d m a n o B.
B.
Upon separate motion [of] by the petitioner, the d m :
Upon separate motion by the petitioner, the court shall schedule and hold a hearing on the appointment of a temporary conservator no later than ten business days from the date the motion is filed and appoint a guardian ad litem SJC/SB 35 Page 4 for the alleged incapacitated person.
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b e d s º o t n = .221840.3AIC January 27, 2022 (6:37pm) s k m e - 5 - e a n e d r e l u [ A d court shall schedule and hold a hearing on the appointment of a temporary conservator [for the earliest possible date, appoint counsel for the person to be protected and give notice as provided in Section 45-5-405 NMSA 1978] no later than ten business days from the date the motion is filed and appoint a guardian ad litem for the alleged incapacitated person.
The guardian ad litem shall file a report no later than two days prior to the hearing.
SHPACº The guardian ad litem shall file a report no later than two days prior to the hearing.
The report shall identify and present all available less restrictive alternatives to conservatorship and include those items found in Paragraphs (1) and (2) of Subsection A of Section 45-5-404.1 NMSA 1978.
The report shall include those items found in Paragraphs (1), (2) and (6) of Subsection A of Section 45-5-404.1 NMSA 1978.»SHPAC Notice of the hearing shall be provided as set out in Section 45-5-405 NMSA 1978.
Notice of the hearing shall be provided as set out in Section 45-5-405 NMSA 1978.
Upon a finding that serious, immediate and irreparable harm to the alleged incapacitated person's estate and financial interests [of the person to be protected ] would result during the pendency of petition, the court shall appoint a temporary conservator and shall specify the temporary h conservator's powers in order to prevent serious, immediate and g o t hr irreparable harm to the alleged incapacitated person's property g e i k [of the person to be protected ].
Upon a finding that serious, immediate and irreparable harm to the alleged incapacitated person's estate and financial interests would result during the pendency of petition, the court shall appoint a temporary conservator and shall specify the temporary conservator's powers in order to prevent serious, immediate and irreparable harm to the alleged incapacitated person's property.
The duration of the temporary h r i s conservatorship shall not exceed [sixty days, except that upon h , t, e u g order of the court, the temporary conservatorship may be e b l e e h extended for no more than] thirty days.
The duration of the temporary conservatorship shall not exceed thirty days.
However, if after a n d d i = = o h hearing in which there is a showing of good cause, the court l ] b ,d i a º e may extend the temporary conservatorship for no more than an r i = r t e w d m a n o additional sixty days.
However, if after a hearing in which there is a showing of good cause, the court may extend the temporary conservatorship for no more than an additional sixty days.
d m :
D.
b e d s º o t n = .221840.3AIC January 27, 2022 (6:37pm) s k m e - 6 - e a n e d r e l u [ A d [C.] D.
A temporary conservator may be appointed without notice to the alleged incapacitated person and to the alleged incapacitated person's attorney only if it clearly appears from specific facts shown by affidavit or sworn testimony that serious, immediate and irreparable harm will result to the alleged incapacitated person's estate or financial interests before a ten-day hearing on the SJC/SB 35 Page 5 appointment of a temporary conservator can be held.
A temporary conservator may be appointed without notice to the alleged incapacitated person [to be protected] and to the alleged incapacitated person's attorney only if it clearly appears from specific facts shown by affidavit or sworn testimony that serious, immediate and irreparable harm will result to the alleged incapacitated person's estate or financial interests [of the person to be protected] before a ten-day hearing on the appointment of a temporary conservator can be held.
If a temporary conservator is appointed without notice to the alleged incapacitated person and the alleged incapacitated person's attorney, the court shall schedule and hold a hearing no later than ten business days from the date the motion for temporary conservator is filed to determine whether the temporary conservatorship should continue and, if so, to address the continued authority of the temporary conservator.
[The person to be protected shall be notified in a writing by the petitioner within twenty- four hours of the appointment of a temporary conservator in substantial accordance with the provisions of Subsection B of Section 45-5-405 NMSA 1978.
On two days' notice to the party who obtained the appointment of a temporary conservator without notice or on such shorter notice to that party as the court may prescribe, the person to be protected may appear and move for h dissolution or modification of the court's order, and, in that u » r event, the court shall proceed to hear and determine such t h g e l i motion as expeditiously as the ends of justice require.] If a h r i s temporary conservator is appointed without notice to the h , e h alleged incapacitated person and the alleged incapacitated t u g e b l e e , gh person's attorney, the court shall schedule and hold a hearing n d d i = = o h no later than ten business days from the date the temporary l ] b ,d i a º r conservator is appointed to determine whether the temporary e r = t e w d m a n o conservatorship should continue and, if so, to address the d m :
b r e t º o t n = .221840.3AIC January 27, 2022 (6:37pm) s k m e - 7 - e a n e d r e l u [ A d continued authority of the temporary conservator.
A temporary conservator is entitled to the care and custody of the alleged incapacitated person's estate and financial interests, but a temporary conservator may not sell or dispose of any property belonging to the alleged h incapacitated person SHPACº, or make a change to the housing or u » r other placement of the alleged incapacitated person,»SHPAC t h g e l i without specific authorization from the court.
A temporary conservator is entitled to the care and custody of the alleged incapacitated person's estate and financial interests, but a temporary conservator may not sell or dispose of any property belonging to the alleged incapacitated person, or make a change to the housing or SJC/SB 35 Page 6 other placement of the alleged incapacitated person, without specific authorization from the court.
A temporary h r i s conservator may be removed by the court at any time.
A temporary conservator may be removed by the court at any time.
A h , e h temporary conservator shall file an initial written report with t u g e b l e e , gh the court within fifteen days of appointment by completing the n d d i = = o h conservator's inventory, as approved by the supreme court.
A temporary conservator shall file an initial written report with the court within fifteen days of appointment by completing the conservator's inventory, as approved by the supreme court.
A l ] b ,d i a º r temporary conservator shall file a final written report with e r = t e w d m a n o the court by completing the conservator's report, as approved d m :
A temporary conservator shall file a final written report with the court by completing the conservator's report, as approved by the supreme court, within fifteen days of the termination of the temporary conservatorship or as otherwise ordered by the court.
b r e t º o t n = .221840.3AIC January 27, 2022 (6:37pm) s k m e - 8 - e a n e d r e l u [ A d by the supreme court, within fifteen days of the termination of the temporary conservatorship or as otherwise ordered by the court.
[D.] F.
F.
Appointment of a temporary conservator shall have the temporary effect of limiting the legal rights of the alleged incapacitated person [to be protected] as specified in the court order.
Appointment of a temporary conservator shall have the temporary effect of limiting the legal rights of the alleged incapacitated person as specified in the court order.
- 9 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
SJC/SB 35 Page 7 25
b r e t º o t n = .221840.3AIC January 27, 2022 (6:37pm) s k m e e a n e d r e l u [ A d
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Action History

  1. Signed

  2. passed House

  3. DO PASS committee report adopted

  4. Sent to House Judiciary Committee

  5. passed Senate

  6. DO NOT PASS, replaced with committee substitute

  7. DO PASS, as amended, committee report adopted

  8. germane

  9. Sent to Senate Committees' Committee & Senate Health and Public Affairs Committee & Senate Judiciary Committee

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 108 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (108)

108 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors SB 35?
SB 35 is sponsored by Katy Duhigg (Democrat), Ferrary, Joanne J., Ely, Daymon, and Linda M. López (Democrat).
What is the current status of SB 35?
This bill has been enacted into law. Introduced January 18, 2022. Enacted.
Where can I track SB 35?
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