NMSA 45-5-303.1. Duties of guardian ad litem

45-5-303.1. Duties of guardian ad litem. A. The guardian ad litem shall: (1) interview in person the alleged incapacitated person prior to the hearing; (2) present the alleged incapacitated person's declared position to the court; (3) identify and present all available less restrictive alternatives to guardianship; (4) interview the qualified health care professional, the visitor and the proposed guardian; (5) review both the medical report submitted by the qualified health care professional and the report by the visitor; (6) obtain independent medical or psychological assessments, or both, if necessary; and (7) file a written report with the court prior to the hearing on the petition for appointment. B. Unless otherwise ordered by the court, the duties of the guardian ad litem terminate and the guardian ad litem is discharged from duties upon entry of the order appointing the guardian and acceptance of the appointment by the guardian. History: 1978 Comp., § 45-5-303.1, enacted by Laws 1989, ch. 252, § 6; 1993, ch. 301, § 4; 2019, ch. 228, § 3; 2021, ch. 128, § 6.