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Complaints Filed With The Guardian

B. COMPLAINT FILED WITH THE GUARDIAN – SEE SECTION 9.4.21

The complaint must be in writing.

Accommodation: If the complainant needs an accommodation, to write the complaint, first contact a friend, relative, advocate, caregiver, or provider.  Otherwise, the complainant may contact the DDPC and an individual, not employed by Guardianship Program, may assist the complainant with writing the complaint.

(See section 9.4.21.14 Subsection A at www.nmddpc.com/regulations).

  1. The complaint must first be submitted to the guardian, and the guardian must be given the opportunity to resolve the complaint.  A copy should be provided to Guardianship Program. (See section 9.4.21.14 Subsection B at www.nmddpc.com/regulations).
  2. Complainant is encouraged to use certified mail, return receipt requested, to document the date the complaint is received by the guardian. Complainant may use other legally recognized receipt of service by guardian. (See section 9.4.21.14 Subsection F at www.nmddpc.com/regulations).
  3. The guardian has thirty (30) days to address and resolve the complaints.  Time starts running on the date of receipt, of each new complaint received by the guardian. (See section 9.4.21.14 Subsection B at www.nmddpc.com/regulations).
  4. Both parties, the complainant and guardian, are required to cooperate to attempt addressing or resolving the complaints; and the resolution or agreement must be in writing, signed by both parties.  This may require both parties meeting in person. (See section 9.4.21.14 Subsection E(5) and E(6) at www.nmddpc.com/regulations).
  5. The guardian must forward written resolutions to complainant, client, Guardianship Program, and maintain in client’s file.
  6. All of the above MUST be done before filing a complaint with Guardianship Program.

 

Return to http://www.nmddpc.com/complaints_and_grievances