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NMRA 1-141

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Rule 1-141 Guardianship and conservatorship proceedings; determination of persons entitled to notice of proceedings or access to court records.

ARTICLE 14 Guardianship and Conservatorship Proceedings

← Previous Rule 1-140: Guardianship and conservatorship proceedings; mandatory use of forms. Next → Rule 1-142: Guardianship and conservatorship proceedings; proof of certification of professional guardians and conservators.

Rule Text

Any determination by the court of persons entitled to notice of the proceedings or access to court records shall be made by a separate, written order. The order shall not address any other matter in the proceeding.

Amendment history: Approved by Supreme Court Order No. 18-8300-005, effective for all cases on or after July 1, 2018. Approved by Supreme Court Order No. 18-8300-005, effective for all cases on or after July 1, 2018.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

When a court handles a guardianship or conservatorship case, it sometimes needs to decide who should get notice about the case or who can look at the court records. This decision has to be written down in its own separate order.

That order can only cover this one issue. The judge cannot combine it with other decisions in the case, like decisions about the guardianship itself or how the person's affairs are being managed. This keeps things clear and organized, so anyone reading the order knows exactly what it covers.

This matters to people involved in these cases because it affects their access to information. If you are a family member, interested party, or someone else connected to the case, this separate order tells you clearly whether you have the right to be notified about what's happening or to review the court file.

Committee Notes

Committee commentary. — The persons entitled to notice and access to court records in a proceeding under NMSA 1978, Chapter 45, Article 5, Parts 3 and 4, are subject to change throughout the proceeding upon order of the court. See, e.g., NMSA 1978, §§ 45-5-303(K), 45-5-407(N) (providing that a person who is not otherwise entitled to access court records may petition the court for access to court records of the guardianship or conservatorship); NMSA 1978, §§ 45-5-309(C), 45-5-405(C) (providing that notice of a proceeding to appoint a guardian or conservator shall be given, inter alia, to “any other person interested in the alleged incapacitated person’s welfare that the court determines”). To assist court staff with identifying such changes, the rule requires the court to file a separate order any time it makes a determination of who is entitled to notice and access to court records.

In addition, an order appointing a guardian or conservator will, in most cases, affect who is entitled to notice and access to court records following the appointment. Before the order of appointment, anyone identified in the petition is entitled to notice and access to court records in the proceeding. See NMSA 1978, §§ 45-5-309(C), 45-5-405(C) (providing that notice of a proceeding on a petition to appoint a guardian or a conservator shall be given to any person required to be listed in the petition under NMSA 1978, Sections 45-5-303(B) and 45-5-404(B)); §§ 45-5-303(K), 45-5-407(N) (providing that a person entitled to notice may access court records of the proceeding and resulting guardianship or conservatorship). After an order appointing a guardian or conservator, however, the persons entitled to notice and access to court records are limited to the protected person, the guardian or conservator, and any other person the court determines. See NMSA 1978, §§ 45-5-309(D), 45-5-405(D). This rule and Rule 1-140(A) NMRA therefore require the court upon the filing of an order appointing a guardian or conservator to file a separate order to identify each person entitled to notice and access following the filing of the order of appointment. See Form 4-993 NMRA (Order identifying persons entitled to notice or access to court records).

Cross-References

Referenced By (1)

NMRA Rule 1-079.1

Bluebook Citation

NMRA 1-141

This Rule Set

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Last updated: September 2026

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