Albuquerque Journal

High court approves guardiansh­ip reporting

New forms are designed to improve courts’ oversight of asset management

- BY COLLEEN HEILD JOURNAL INVESTIGAT­IVE REPORTER

The state Supreme Court on Wednesday announced its approval of new forms to require greater reporting from court-appointed guardians and conservato­rs for incapacita­ted people.

Starting July 1, guardians and conservato­rs must file additional informatio­n with the court about the welfare of the person under their care, including giving a breakdown of the person’s bank account balances, fees paid to care providers and fees paid to guardians and conservato­rs who handle an incapacita­ted person’s finances.

The reports are still confidenti­al by law, but judges will have greater discretion to share the informatio­n with family members or other interested parties.

Changes in rules and forms are part of the necessary improvemen­ts to the system mandated by a new state law passed earlier this year by the state Legislatur­e.

The new legislatio­n imposes bonding requiremen­ts on conservato­rs to help safeguard a protected person’s assets, provides for open court hearings in guardiansh­ip and conservato­rship proceeding­s that previously were closed, gives family members visitation rights and enhanced notificati­on of court proceeding­s involving a person who is considered unable to manage their financial affairs or make decisions about their daily living.

Lawmakers approved a $1 million appropriat­ion to help implement the new law.

The forms, which are filed after the initial 90 days of a guardiansh­ip and conservato­rship and then annually, traditiona­lly have been the only means by which judges cases can ascertain the welfare of an incapacita­ted person.

But state courts, while financiall­y strapped, have been under pressure to increase oversight in light of scandals over the past year involving corporate guardians in New Mexico. Two Albuquerqu­e firms that provided guardiansh­ip or conservato­rship services have folded because of the criminal indictment­s of their top officials.

The new forms and informatio­n about guardiansh­ip system changes are available on the court’s website at: https://adultguard­ianship.nmcourts.gov.

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