NMDDPC – OFFICE OF GUARDIANSHIP
Guardianship Council
BY-LAWS

The organization referred to in these By-laws shall be known as the Guardianship Advisory Council for the NMDDPC Office of Guardianship, herein referred to as the “GAC”.

The DDPC pursuant to its authority under 9.4.21.1 et seq. NMAC (4/14/2006) hereby establishes the GAC to further the goals of the Office of Guardianship and to serve the purpose stated below. There is no requirement to establish such an advisory group, and this is at the complete discretion of the Director of the DDPC.

The purpose of the GAC is to provide advice to the NMDDPC Office of Guardianship specifically related to the statutory powers and duties of the Office of Guardianship (Article 28-16B-3) regarding the needs and rights of persons who are incapacitated or allegedly incapacitated.

The duties of the GAC include, but are not limited to, the following:

1. To advise and assist in program development of the NMDDPC Office of Guardianship, including the development of policies and procedures for the Office of Guardianship;
2. To advise and assist the NMDDPC Office of Guardianship in the development, promulgation and updating of rules pursuant to 28.16B.3 NMSA;
3. To provide information and feedback about guardianship service and availability throughout the state of New Mexico;
4. To advocate for legislative changes including additional resources to address the needs of persons who are incapacitated, or persons who are allegedly incapacitated, family members and potential guardians;
5. To advise and assist the NMDDPC Office of Guardianship in the development of a quality assurance system to monitor guardianship services provided under contract by the Office of Guardianship;
6. To advise and assist the NMDDPC Office of Guardianship regarding complaint trends and issues and potential remedies;
7. To assist the NMDDPC Office of Guardianship in the development and implementation of training to interested persons regarding the duties and responsibilities of guardians, including alternatives to guardianship and mental health treatment guardians;
8. To promote the rights of persons who are incapacitated or allegedly incapacitated.
9. To assist the NMDDPC Office of Guardianship in the development and implementation of material and outreach strategies for public awareness and education regarding the need for guardianship, alternatives to guardianship, and mental health treatment guardians.

The NMDDPC GAC shall consist of a minimum of ten voting members with a maximum of twenty voting members. Voting members shall be appointed by the NMDDPC Executive Director to terms which are subject to expiration and possible consideration for renewal/reappointment. Members will be current residents of the State of New Mexico.

1. Membership shall be representative of the following:
   1. Petitioning Attorneys, Guardians ad litem and court appointed Visitors,
   2. State contracted guardianship providers,
   3. Other guardianship providers including volunteers and other non-contracted guardians,
   4. Family members and peers,
   5. Disability rights advocacy organizations,
   6. Community based services.
   7. Up to five members shall be members of the DDPC Council.
2. The overall voting membership will be reviewed periodically by the GAC and/or by the NMDDPC Executive Director regarding the overall balance among the categories listed above, as well as for appropriate ethnic and geographic representation, and may be adjusted as needed.
3. Interested state agencies, including The Administrative Office of the Courts, the Department of Health, the Children Youth and Families Department, the Department of Vocational Rehabilitation and the Aging and Long Term Services Department will be asked to provide a non-voting, participating member.
4. No individual organization (except the DDPC Council) shall have more than one voting member participating in the group at one time.

1. All terms are for two years and will automatically expire at the end of their two year period.
2. Half of the appointments to the GAC are subject to expiration each year, with the other half expiring the following year.
3. Members whose term is expiring who have been active in the GAC and remain willing to serve may, at the discretion of the NMDDPC Executive Director, be appointed to additional terms. Unless so re-appointed, membership on the GAC expires at the end of the member’s term.
4. A member may resign at any time. Resignation of a member shall be submitted in writing to the Director of the NMDDPC Office of Guardianship, and the member shall be deleted from the list of active participants.

1. A non-active member’s appointment will be reviewed by the GAC after two consecutive unexcused absences from regularly scheduled quarterly meetings, at which time members will be asked about their intent to participate.
2. A member or their proxy is expected to attend 3 of 4 of regularly scheduled quarterly meetings or they will be considered to be non-active.
3. All members will be asked to designate a proxy who can participate in their absence on their behalf. The assignment of a proxy is regarded as a substitution, not attendance of the member.
4. n order to be considered excused, members and their proxy who are unable to attend a meeting of the GAC, shall notify the NMDDPC Office of Guardianship prior to the meeting time.

Removal of a member will occur for the following reasons:

1. Conduct unbecoming a public representative,
2. Neglect of responsibilities assumed by a member or assigned by the chair,
3. Failure to attend 3 consecutive meetings in one year unless excused by the chairperson,
4. Change in personnel status which alters the prescribed membership composition.

Recommendations by the GAC for removal of a member before their term expires are subject to approval by the NMDDPC Executive Director.

1. Voting members may make suggestions for filling vacancies for voting memberships, which are subject to approval by the NMDDPC Executive Director. A new member appointed to fill a vacancy shall serve a term that expires at the same time as that of the person who was previously in that position.
2. State agencies whose designated representative cannot participate on an active basis may be asked to assign another individual to the GAC.

1. The GAC shall conduct at least four quarterly meetings a year.
2. The Chair or Vice-Chair will preside over the quarterly meetings, but if neither is present, the group will designate a chairperson for that particular meeting.
3. All quarterly GAC meetings should allow for non-members to attend and listen. The GAC may implement strategies for obtaining public comment, but may limit or not allow public debate at GAC meetings, and may take steps necessary to maintain order.
4. Notice of quarterly GAC meetings shall be provided to members two weeks in advance by the Office of Guardianship. The GAC may recommend strategies for public notice of quarterly GAC meetings as deemed necessary.

1. Each appointed voting member shall have one vote.
2. The votes of appointed voting members may be assigned to a proxy attending the meeting in their stead. Each proxy shall have only one vote.

A quorum for the purpose of conducting business shall consist of at least one-third (1/3) of the total number of voting members (rounded to the next whole number).

Rules contained in Robert’s Rules of Order, current edition, shall serve as guidelines for the conduct of business by the NMDDPC Office of Guardianship GAC.

1. The GAC shall elect a Chair and Vice Chair on an annual basis.
2. The annual election for officers shall be held during the first quarterly meeting scheduled after the appointment of members.
3. No one shall serve more than three consecutive terms as either Chair or Vice Chair.
4. The role of the Chair shall be as follows:
   1. To develop an agenda for meetings with the Office of Guardianship, with input from other voting members.
   2. To preside at GAC meetings,
   3. To transition duties and responsibilities to the incoming Chair on termination of term or resignation.
5. The role of the Vice-Chair shall be as follows:
   1. To assume duties of Chair in the absence of the Chair.
   2. To assume the duties of the Chair as assigned by the Chair.

1. No member or authorized proxy of the GAC shall cast a vote on any matter which could provide financial benefit to that member or proxy or that would otherwise give the appearance of a conflict of interest.
2. Such conflict of interest shall be disclosed by the member or proxy to the GAC membership prior to general discussion of the topic.

1. Ad hoc committees shall be formed by the GAC to carry out specific duties as needed.
2. Ad hoc committees shall report to the membership of the GAC as a whole.
3. Members of the Ad hoc committees need not be members of the GAC except for the Chair of the ad hoc committee.
4. Committee meetings shall be held as often as necessary.

No compensation for mileage or costs of attendance will be paid to individuals who participate on the GAC, except for peers and or family members of the NMDDPC Council through arrangements made prior to the meeting with the Office of Guardianship and the DDPC.

Meeting records will be kept of the quarterly meetings by the NMDDPC Office of Guardianship staff and provided to members two weeks prior to the next quarterly meetings.

NMDDPC Office of Guardianship staff, together with members of the GAC shall develop and provide orientation for new members.

1. By-laws shall be reviewed biannually or as needed.
2. Proposed changes to the GAC By-laws shall be disseminated by the NMDDPC Office of Guardianship staff at least ten (10) days in advance of a scheduled meeting of the GAC.
3. By-laws may be changed with a 2/3 majority vote of members present.

The original by-laws became effective on October 17, 2006.

1. May 16, 2008: ARTICLE 5. Membership. The NMDDPC GC shall consist of a minimum of ten voting members with a maximum of twenty voting members.
2. September 19, 2008: ARTICLE 12. Quorum. A quorum for the purpose of conducting business shall consist of at least one-third (1/3) of the total number of voting members (rounded to the next whole number).
3. June 19, 2009: ARTICLE 5. Membership. The Administrative Office of the Courts was moved from a voting member to a non-voting member.
4. December 18, 2009: Various changes to most Articles changing the name to Guardianship Advisory Council (GAC) and clarifying the role and duties accordingly. This also clarified the expiration of memberships and that renewal and filling of vacant memberships is at the discretion of the DDPC Director. Additionally clarified that the GAC is not subject to the Open Meetings Act, but the GAC may implement strategies for obtaining public comment and for limiting public debate at GAC meetings. There were also additional miscellaneous changes.