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Non-Professional Guardian(s)

A non-professional guardian is a family member or another person who is able and willing to become the Protected Person’s guardian.

Training/Education

Non-Professional Guardians should review the New Mexico Guardianship Association’s Guardianship and Conservatorship training videos and the Handbook for Guardians and Conservators.

In the Second Judicial District Court (Bernalillo County), prior to the court hearing, the proposed non-professional guardian(s) is required to attend the Elder Disability Initiative Training (EDI).

Requirements

All guardians (non-professional and professional) are required to submit the following reports to the court, using Form 4-996 NMRA:

  • 90-day report, filed within 90 days of the guardian’s appointment by the court.
  • Annual report, filed on or before the date of anniversary of the guardian’s appointment by the court.
  • Final report, filed upon the transfer to successor guardian, termination of guardianship, or upon the death of the Protected Person.

Duties and Responsibilities

It is the responsibility of all Guardians (non-professional and professional) to ensure that:

  • Protected Persons are receiving the least restrictive standard of services, to the highest degree possible;
  • Protected Persons are involved in individual planning, decision-making, implementation and evaluation of those services;
  • All services provided are designed to enhance, promote and expand independence, self-sufficiency, self-esteem and quality of life of a Protected Person; and
  • Protected Persons retain all legal and civil rights, except those that have been expressly limited by the court order.

The Non-Professional Guardian is an advocate who supports the Protected Person with decision making, adhering to the scope of the guardianship court order.

The guardianship court order may include but is not limited to:

  • Ensuring that the Protected Person’s legal and civil rights are retained;
  • Ensuring the basic needs of the Protected Person are met;
  • Monitoring the Protected Person’s services for abuse, neglect, exploitation and/or fraud;
  • Residential Placement Decision Making;
  • Healthcare or Medical Decision Making; and
  • Financial Decision Making.