Professional Guardian Qualifications
The Developmental Disabilities Planning Council’s (DDPC) Office of Guardianship (OOG) is a statewide publicly funded program that contracts with Professional Guardians to provide guardianship services for adults who have been determined incapacitated by the New Mexico District Court.
Professional Guardians who are contracted with OOG are required to follow the legal authority and guardianship practices, including but not limited to:
- Uniform Probate Code (NMSA 1978, §§ 45-5-101 to -315);
- Office of Guardianship Act (NMSA 1978, §§ 28-16B-1 to -6);
- Uniform Health-Care Decisions Act (NMSA 1978, §§ 24-7A-1 to -18);
- Care Treatment Decisions Act (NMSA 1978, §§ 24-7B-1 to -6);
- Adult Protective Services Act (NMSA 1978, §§ 27-7-1 to -31);
- Rule of the Office of Guardianship (9.4.21 NMAC); and
- National Guardianship Association (NGA) Standards of Practice, Model Code of Ethics for Guardians and Agency Standards.
OOG Professional Guardians are required to:
- Become a National Certified Guardian through the Center for Guardianship Certification;
- Employ or contract with competent Guardian Coordinators, as determined by education and experience to perform guardianship services;
- Ensure that all decisions made on behalf of a Protected Person, as per scope of the guardianship order, are made by a certified Guardian Coordinator;
- Comply with the Caregiver’s Criminal History Screening Act, (NMSA 1978, § 29-17-5) and follow the Caregiver’s Criminal History Screening Requirements, (7.1.9 NMAC);
- Implement internal written procedures available to all Protected Persons to present complaints relating to guardianship services, complying with the rules of the Office of Guardianship, 18.104.22.168 NMAC, Complaints Against Contractors.
- 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.