Section 45-5-305 - Acceptance of appointment; consent to jurisdiction.

NM Stat § 45-5-305 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

By accepting a testamentary or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to him at his address as listed in the court records and to his address as then known to the petitioner.

History: 1953 Comp., § 32A-5-305, enacted by Laws 1975, ch. 257, § 5-305.

Guardians of minors. — While 45-5-305 NMSA 1978 deals specifically with guardians of incapacitated persons, it applies equally to guardians of wards who are legally incapacitated by their minority, to confer personal jurisdiction over a guardian. In re Hooker, 1980-NMSC-109, 94 N.M. 798, 617 P.2d 1313.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 49 C.J.S. Insane Persons § 41.