Guardianship & Legal Help

Adult Guardianship in New Mexico:

There are many legal steps in the adult guardianship and conservatorship process. Visit the NM Courts website for information about guardianship, helpful resources, and answers to frequently asked questions.

Website: https://adultguardianship.nmcourts.gov/

Developmental Disabilities Council’s Office of Guardianship:

The DDC Office of Guardianship (OOG) is a statewide publicly funded program for New Mexican adults who need a guardian, are income eligible, and are alleged to be incapacitated. OOG Services Include: educating the public about least restrictive alternatives and guardianship, one-time legal services to request the state district court to appoint a family or professional guardian for income eligible adults, providing professional guardians to protected persons who do not have family or natural supports who are able to become the guardian, providing mental health treatment guardians, recruiting and contracting with professional guardians, attorneys, and court visitors, and responding to and investigating complaints against professional guardians contracted with DDPC.

625 Silver Avenue SW, Suite 100 Albuquerque, NM 87102

Phone: (505) 841-4519

Website: https://www.nmddpc.com/guardianship_program

The Arc of New Mexico Guardianship Program:

The Arc US Position Statement on Guardianship: “Each individual adult and emancipated minor is legally presumed competent to make decision for [themselves] and should receive the preparation, opportunities, and decision-making supports to develop as a decision-maker over the course of their lifetime.” The Arc of New Mexico provides guardianship services to persons with developmental disabilities who live in New Mexico and may not have family or friends to provide support; our professional guardians are required to be NGA certified. The Arc of New Mexico does not petition to become the guardian of any individual. Names of attorneys who can assist with the appointment of a guardian are available from the New Mexico Developmental Disabilities Council (DDC). These attorneys are available in your local area to assist with the petitioning and appointment process at low cost to persons who are resource-eligible.

5130 Masthead St. NE Albuquerque, NM, 87109 Phone: (505) 883-4630

Email: guardianship@arcnm.org

Website: https://www.arcnm.org/

National Guardianship Association Standards of Practice:

NGA’s Standards of Practice offer guidelines for guardians across the country. Topics include relationships with affected parties, decision-making standards, confidentiality, specific responsibilities, and much more.

Direct link to the standards:

https://www.guardianship.org/wpcontent/uploads/NGAStandards2022.pdf

NGA Bill of Rights for Adults who have a Guardian:

Excerpted from NGA’s Fundamentals of Guardianship, the Rights of Individuals Under Guardianship detail the rights that are retained by a person subject to guardianship. Guardians are responsible for ensuring that these rights are not violated.

Direct link to the NGA Bill of Rights for Adults who have a Guardian:

Website:   https://www.guardianship.org/wp-content/uploads/NGA-Bill-of-Rights-rev-11-4-22.pdf

New Mexico Guardianship Association’s Handbook for Guardians and Conservators:

The purpose of the manual is to provide general information concerning guardianship, conservatorship and alternatives to guardianship and conservatorship.

Direct link to the handbook: https://www.nmguardianassoc.org/handbook