NM estate risk
Guardianship risk in New Mexico
How courts appoint guardians for minors when no plan is in place.
New Mexico allows parents to appoint a guardian by will or signed writing and permits court appointments when parental rights are terminated or suspended.
At a glance
Key takeaways
- A parent may appoint a guardian for a minor by will or other signed writing with witnesses.
- A parental nominee has priority unless they fail to accept within the statutory window.
- The court may appoint a guardian if parental rights are terminated or suspended.
- A temporary guardian may be appointed for up to six months when necessary.
Questions to consider
Questions to consider in New Mexico
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
New Mexico allows parents to appoint a guardian by will or signed writing and permits court appointments when parental rights are terminated or suspended.
- A parent may appoint a guardian for a minor by will or other signed writing with witnesses.
- A parental nominee has priority unless they fail to accept within the statutory window.
- The court may appoint a guardian if parental rights are terminated or suspended.
- A temporary guardian may be appointed for up to six months when necessary.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Temporary or emergency guardianships may be available for urgent situations.
Sources
- https://codes.findlaw.com/nm/chapter-45-uniform-probate-code/nm-st-sect-45-5-202/
- https://codes.findlaw.com/nm/chapter-45-uniform-probate-code/nm-st-sect-45-5-204
Background sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in New Mexico.
Optional next steps
Continue with related estate-risk context
Educational resources only. No forms and no legal advice.
Understand death-risk context for New Mexico
LifeRiskIQ gives broader mortality context that can help frame when estate planning becomes more urgent.
Understand retirement-risk context for New Mexico
RetirementRiskIQ explains how asset growth and longevity can increase estate complexity over time.
Review federal estate tax basics
IRS guidance on federal estate tax thresholds, filings, and definitions.