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Rule 1-155.Appointment of guardian

Last verified June 26, 2026

In one sentenceRule 1-155 directs the court, on appointing a kinship guardian, to issue letters of guardianship and sets the case caption to protect the child’s privacy.

Full Text of Rule 1-155

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A. Letters of guardianship. When the court enters an order appointing a guardian, it shall issue letters of guardianship for the purpose of, without disclosing unnecessary information, clearly stating that the kinship guardian has all the authority of a parent, except the right to consent to adoption and any other rights the court orders be retained by a parent. If any rights are retained, those rights shall be clearly stated in the letter of guardianship.
B. Caption; department a party. If the Children, Youth and Families Department (“the department”) is a party to the case, all orders that are likely to be disclosed to a non-party, including the letters of guardianship, shall use the following caption only: “In the Matter of [initials of child],” and shall include the case number.
C. Caption; department not a party. If the department is not a party to the case, the case caption shall be “In the Matter of [initials of child],” and shall name the petitioner and respondents.
End

Rule History

[Adopted by Supreme Court Order No. 22-8300-020, effective for all cases pending or filed on or after December 31, 2022.]

Committee Commentary

A letter of guardianship allows a kinship guardian to provide a short and easily-understood notice to all third parties (be it schools, doctors, or the Social Security Administration) that a child has a kinship guardian and the guardian is the legal custodian of that child. Many orders appointing kinship guardians include sensitive information about parents and have information that is not necessary for a third party to know (such as the amount of child support or whether the parents must test negative for drugs before visiting).

The form letter of guardianship, Form 4A-516 NMRA, excludes private information about the parties and the child but provides information about what authority the kinship guardian has regarding the child.

Plain-English Summary

This rule documents the appointment. When the court appoints a kinship guardian, it issues letters of guardianship that clearly state—without unnecessary information—that the guardian has all the authority of a parent except the right to consent to adoption and any rights the court orders a parent to retain, with any retained rights stated in the letter.

To protect the child, when the Children, Youth and Families Department is a party, orders likely to be seen by non-parties (including the letters of guardianship) use only the caption “In the Matter of [initials of child]” with the case number; when the department is not a party, the caption uses the child’s initials and names the petitioner and respondents. As the committee commentary explains, the letter (Form 4A-516) lets a guardian show schools, doctors, or agencies their authority without revealing sensitive details.

Frequently Asked Questions

What authority does a kinship guardian have?

All the authority of a parent except the right to consent to adoption and any rights the court orders a parent to retain, as stated in the letters of guardianship.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-155 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: letters of guardianshipkinship guardian appointmentcaptionauthority of guardian