Bill > HB124

This bill amends the Uniform Probate Code to establish clear procedures for guardianships and conservatorships in New Mexico when a protected person or their guardian/conservator dies or becomes incapacitated. The bill updates existing law to provide more comprehensive guidelines for what happens after the death of a guardian, conservator, or protected person. Key provisions include requiring notification to the court within three days of a protected person's death, allowing guardians or conservators to obtain death certificates and request court hearings for funeral arrangements, and providing a process for guardians and conservators to potentially serve as personal representatives of the deceased person's estate if no other representative is appointed within 40 days. The bill also mandates that guardians and conservators file a final report within 45 days of the protected person's death and requires the court to hold a hearing to determine the distribution of the decedent's estate. Additionally, the legislation replaces the term "incapacitated person" with "protected person" throughout the relevant sections of law and ensures that the rights of protected persons are safeguarded during any changes to their guardianship or conservatorship. The bill will take effect on July 1, 2025, providing time for legal professionals and courts to prepare for the new procedures.

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https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=124&year=25