Guardianship for an incapacitated person shall be used only as is necessary to promote and to protect the well being of the person, shall be designed to encourage the development of maximum self reliance and independence of the person and shall be ordered only to the extent necessitated by the person's actual functional mental and physical limitations. An incapacitated person for whom a guardian has been appointed retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted to the guardian by the court.
§ 45-5-301.1 NMSA 1978
When guardianship is to be used
Applied in 1 court decision — leading case Evangelical Lutheran Good Samaritan Society v. Moreno (2017)
Most recently applied in Evangelical Lutheran Good Samaritan Society v. Moreno (September 2017)
1978 Comp., § 45-5-301.1, enacted by Laws 1989, ch. 252, § 4.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.