Rule 1-079.1.Public inspection and sealing of court records; guardianship and conservatorship proceedings

Last amended December 1, 2019 · Last verified June 26, 2026

In one sentenceRule 1-079.1 supplements Rule 1-079 by setting how court records in guardianship and conservatorship proceedings are automatically sealed and who may access them.

Full Text of Rule 1-079.1

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A. Scope of rule; Rule 1-079 NMRA. This rule governs access to court records in proceedings to appoint a guardian or conservator under Chapter 45, Article 5, Parts 3 and 4 NMSA 1978. This rule incorporates the provisions of Rule 1-079 NMRA in their entirety and is intended to supplement only the automatic sealing provisions set forth in Subparagraphs (C)(7) and (C)(8) of that rule. All other matters related to access to court records in guardianship and conservatorship proceedings, including motions to seal and unseal court records, remain subject to the provisions of Rule 1-079 NMRA.

B. Guardianship proceedings. All court records in proceedings commenced for the appointment of a person to serve as guardian for an alleged incapacitated person under Chapter 45, Article 5, Part 3 NMSA 1978, are confidential and shall be automatically sealed without motion or order of the court, subject to the firearm-related reporting requirements in Section 34-9-19 NMSA 1978 and the following:

(1) the register of actions and docket entries used by the court to document the activity in a case shall not be sealed and shall be subject to public access, provided that the court shall not disclose diagnostic, treatment, or other medical or psychological information;

(2) except as provided in Subparagraph (4) of this paragraph, persons identified in the petition under Section 45-5-303(B) NMSA 1978 shall be permitted to access the order appointing a guardian under Section 45-5-304 NMSA 1978 and all court records filed in the proceeding with a filing date that precedes the filing date of the order appointing a guardian;

(3) except as provided in Subparagraph (4) of this paragraph, access to court records filed after the order appointing a guardian under Section 45-5-304 NMSA 1978 shall be limited to the protected person, the guardian, and any other person the court determines under Section 45-5-307(G)(2) or (H) NMSA 1978, Section 45-5-309(D) NMSA 1978, Rule 1-140 NMRA, or Rule 1-141 NMRA; and

(4) access to a report filed by a qualified health care professional under Section 45-5-303(E) NMSA 1978, a visitor under Section 45-5-303(F) NMSA 1978, a guardian ad litem under Section 45-5-303.1 NMSA 1978, or a guardian under Section 45-5-314 NMSA 1978 shall be limited to the protected person, the petitioner, the visitor, the guardian ad litem, an attorney of record, an agent under a power of attorney unless the court orders otherwise, and any other person as determined by the court under Section 45-5-303(L) NMSA 1978.

C. Conservatorship proceedings. All court records in proceedings commenced for the appointment of a conservator under Chapter 45, Article 5, Part 4 NMSA 1978, are confidential and shall be automatically sealed without motion or order of the court, subject to the firearm-related reporting requirements in Section 34-9-19 NMSA 1978 and the following:

(2) except as provided in Subparagraph (4) of this paragraph, persons identified in the petition under Section 45-5-404(B) NMSA 1978 shall be permitted to access the order appointing a conservator under Section 45-5-407 NMSA 1978 and all court records filed in the proceeding with a filing date that precedes the filing date of the order appointing a conservator;

(3) except as provided in Subparagraph (4) of this paragraph, access to court records filed after the order appointing a conservator under Section 45-5-407 NMSA 1978 shall be limited to the protected person, the conservator, and any other person the court determines under Section 45-5-405(D) NMSA 1978, Section 45-5-415(G)(2) or (H) NMSA 1978, Rule 1-140 NMRA, or Rule 1-141 NMRA; and

(4) access to a report filed by a qualified health care professional under Section 45-5-407(C) NMSA 1978, a visitor under Section 45-5-407(D) NMSA 1978, a guardian ad litem under Section 45-5-404.1 NMSA 1978, or a conservator under Section 45-5-409 NMSA 1978 shall be limited to the protected person, the petitioner, the visitor, the guardian ad litem, an attorney of record, an agent under a power of attorney unless the court orders otherwise, and any other person as determined by the court under Section 45-5-407(O) NMSA 1978.

End

Rule History

[Approved by Supreme Court Order No. 18-8300-005, effective for all cases filed, or pending but not adjudicated, on or after July 1, 2018 and for motions to seal or unseal filed in all cases on or after July 1, 2018; as amended by Supreme Court Order No. 19-8300-019, effective December 1, 2019.]

Committee Commentary

This rule is intended to supplement Rule 1-079(C) NMRA as it applies to the automatic sealing of court records in guardianship and conservatorship proceedings. These proceedings are treated separately because of the 2018 and 2019 amendments to the Uniform Probate Code, which established a complicated framework for who may access court records that are otherwise sealed in guardianship and conservatorship proceedings. See N.M. Laws 2019, Ch. 228; N.M. Laws 2018, Ch. 10. Other issues related to access to court records in guardianship and conservatorship proceedings, including motions to seal or unseal court records, remain subject to the provisions of Rule 1-079 NMRA.

Plain-English Summary

This rule fine-tunes public access for guardianship and conservatorship cases. It incorporates Rule 1-079 in full and supplements only the automatic-sealing provisions for these proceedings; motions to seal or unseal still follow Rule 1-079. All records in a guardianship (Chapter 45, Article 5, Part 3) or conservatorship (Part 4) proceeding are automatically sealed, subject to firearm-reporting requirements.

Within that sealing, the rule preserves graduated access: the register of actions and docket entries stay public (without disclosing medical or psychological information); people identified in the petition may see the appointment order and earlier filings; access to later filings is limited to the protected person, the guardian or conservator, and others the court designates; and reports by health-care professionals, visitors, or guardians ad litem are restricted to a defined set of people. As the committee commentary explains, these proceedings are treated separately because of the 2018–2019 Uniform Probate Code amendments.

Frequently Asked Questions

Are guardianship and conservatorship records sealed?

Yes. All court records in these proceedings are automatically sealed, though the register of actions and docket entries remain public (without disclosing medical or psychological information).

Who can access the sealed records?

Access is graduated: people named in the petition may see the appointment order and earlier filings, while later filings and professional reports are limited to the protected person, the guardian or conservator, and others the court designates.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-079.1 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: guardianship recordsconservatorship recordssealing guardianshipaccess to court records