A. Any interested person who desires to be notified before any order is made in a guardianship proceeding, including any proceeding subsequent to the appointment of a guardian, or in a protective proceeding may file a request for notice with the clerk of the court in which the proceeding is pending. The clerk shall mail a copy of the request to the petitioner and to the guardian or conservator if one has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and the address of that person or an attorney to whom notice is to be given. The request is effective only as to matters occurring after the filing.

B. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in a protective proceeding.

C. In addition to the notices required by Section 45-5-207 or 45-5-309 NMSA 1978, notice of a petition for guardianship and of any subsequent proceedings or requests for orders shall be given to each interested person who has filed a request for notice pursuant to the provisions of Subsection A of this section. Except as otherwise required by law, notice shall be given in accordance with Section 45-1-401 NMSA 1978.

History: 1953 Comp., § 32A-5-406, enacted by Laws 1975, ch. 257, § 5-406; 1993, ch. 301, § 16; 1995, ch. 210, § 57.

The 1995 amendment, effective July 1, 1995, added "Guardianship and" to the beginning in the section heading; rewrote Subsection A to such an extent that a detailed comparison would be impracticable; in Subsection B deleted "An interested person in protective proceedings includes" at the beginning and added "is an interested person in a protective proceeding" at the end; and added Subsection C.

The 1993 amendment, effective July 1, 1993, inserted "petitioner or the" in the second sentence in Subsection A and rewrote Subsection B which read "Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings."

Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Chemical Dependents § 4; 39 C.J.S. Guardian and Ward § 22; 49 C.J.S. Insane Persons § 40.