FAQ

1. What is the difference between a Guardian and a Conservator in New Mexico?

• A Guardian is appointed by the court to make personal, medical, and lifestyle decisions for an individual. This includes handling healthcare, housing, and daily well-being.

• A Conservator is appointed solely to manage an individual's financial affairs, properties, and estate assets.

• Note: A professional fiduciary can be court-appointed to serve as one or both of these roles depending on the client's specific needs.

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2. When does an adult require a court-appointed Guardian?

• A guardianship becomes necessary when a court determines that an adult lacks the functional capacity to make safe or sound choices independently.

• This is typically due to severe cognitive decline (like advanced dementia or Alzheimer's), significant developmental disabilities, or a sudden, severe medical crisis.

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3. What does "least restrictive environment" mean for a protected person?

• New Mexico law requires guardians to ensure the protected person maintains as much independence and personal freedom as safely possible.

• The guardian must place the individual in a setting that allows maximum self-reliance while still providing appropriate medical care, food, clothing, and social opportunities.

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4. Why should we hire a Private Fiduciary instead of a family member?

• Professional Expertise: Private fiduciaries are trained in complex medical, legal, and financial systems.

• Neutrality: They make objective, data-driven decisions that shield families from emotional stress or internal sibling conflict.

• Availability: Managing your loved one's affairs is their full-time job, ensuring no details are missed due to personal or career conflicts.

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5. Does a Guardian have to follow the protected person's wishes?

• Yes. A guardian is legally obligated to consider the expressed wishes, choices, and long-standing personal values of the protected person whenever making executive lifestyle decisions.

• The guardian's role is to act as a supportive advocate, ensuring the individual's dignity is preserved throughout the care process.

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