Rule 1-143.Guardianship and conservatorship proceedings; appointment of visitor, qualified health care professional, and guardian ad litem; timing and review of reports
Last verified June 26, 2026
Full Text of Rule 1-143
Rule History
[Adopted by Supreme Court Order No. 19-8300-005, effective July 1, 2019.]
Committee Commentary
The time limits and review requirements set forth in this rule are intended to provide an opportunity for meaningful communication about the content and recommendations contained in the reports before the hearing on the petition for the alleged incapacitated person and any other person entitled to access the reports under Rule 1-079.1 NMRA.
[Adopted by Supreme Court Order No. 19-8300-005, effective July 1, 2019.]
Plain-English Summary
This rule structures the pre-hearing review in guardianship and conservatorship cases. On the filing of a petition, the court appoints a qualified health care professional, a visitor, and, if necessary, a guardian ad litem, with all time periods counted in calendar days. Their reports are due before the hearing on a staggered schedule: the health care professional’s no later than fourteen days before, the visitor’s no later than eleven days before, and the guardian ad litem’s no later than seven days before.
Within three days of a report’s filing, the petitioner provides a copy to the alleged incapacitated person, the visitor, the guardian ad litem, counsel, and others the court designates, in a manner allowing a meaningful chance to review it. Before the hearing, the guardian ad litem reviews the reports with the alleged incapacitated person, explaining their contents and significance.
Frequently Asked Questions
When are the reports due in a guardianship case?
The qualified health care professional’s report no later than fourteen days before the hearing, the visitor’s no later than eleven days before, and the guardian ad litem’s no later than seven days before.