Signed by Governor Susana Martinez

Vote Smart's Synopsis:

Vote to pass a bill that amends guardianship laws by establishing new reporting and financial accountability measures.

Highlights:

• Requires finances, property and records of a protected person to be kept separate from those of their guardian or conservator (Sec. 1).

• Requires a guardian or conservator to keep a record of any funds, investments, or other property that they are holding as a fiduciary, which will be annually audited by the court (Sec. 1).

• Requires preservation of a protected person’s voting rights (Sec. 3).

• Specifies that proceedings for the appointment of a guardian or conservator are a matter of public record unless (Sec. 4):

• The protected person or court requests otherwise;

• The petition is dismissed; or

• The guardianship or conservatorship is terminated.

• Specifies that diagnostic treatment or other medical or psychological information are not of public record (Sec. 4).

• Specifies that an agent under a power of attorney’s authority supersedes that of the guardian or conservator unless ordered otherwise by the court (Sec. 4).

• Prohibits restricting visitation with a protected person without authorization from the court (Sec. 4).

• Specifies that if it is in the best interest of the protected person, the court may restrict visitation for a maximum of 7 days for family members or individuals with a preexisting social relationship or up to 60 days for anyone else (Sec. 4).

• Requires guardians or conservators to annually report the progress and condition of the protected person along with following information (Sec. 7):

• The progress and condition of the protected person;

• The protected person’s health, residence, and employment;

• A report on the manner in which the conservator or guardian fulfilled their duties;

• And whether there is a continued need for guardianship and the reasons why.

• Authorizes a court to restrict access to a protected person or their property if there is clear and convincing evidence of fraud, coercion, deception or financial harm (Sec. 10).

• Specifies that when there is cost sharing between the protected person and other household members, the percentage of the protected person’s share of expenses and how that was derived must be kept on record and annually reported to the court (Sec. 12).

• Requires a guardian or conservator to furnish a bond with a surety the court specifies, or require an alternative asset-protection arrangement (Sec. 14).

• Authorizes the court to waive the requirement only if the court finds that a bond or other asset-protection arrangement is not necessary to protect the interests of the protected person (Sec. 14).

• Specifies that banks and trusts are not required to be bonded (Sec. 14).

• Specifies that this bill becomes effective on July 1, 2018 (Sec. 16).

Full Bill Text