A guardian is a person appointed by a court to make personal and health care decisions for someone who is impaired because of mental illness or dementia, physical disability or substance abuse.  Someone who is impaired in this way is considered incapacitated.  Before a court will appoint a guardian, the incapacitated person must have shown that (s)he is not able to manage his or her personal care decisions.  Personal care decisions cover such things as medical care, nutrition, clothing, shelter, hygiene or safety.

New Mexico law states that a guardianship should encourage the individual's independence and should be limited to the powers necessary to help with the person's mental and physical limitations.  In New Mexico a guardian is appointed by a court to provide for the care, custody or control of the incapacitated person (called a protected person).

 

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