In New Mexico, only a Judge can appoint a guardian and/or conservator for someone else. There are specific steps that you will need to take in order to become a guardian and/or conservator for another person who is incompetent or incapacitated. There are also key players who will be involved in this process that you must be prepared to work with.

First, in order to be appointed a guardian and/or conservator, you must obtain a report from a court appointed “Qualified Health Care Professional" which the New Mexico Probate Code defines as "a physician, psychologist, nurse practitioner or other health care practitioner whose training and expertise aid in the assessment of functional impairment."  In regard to a guardianship, the Probate Code mandates that:

The next step involves filing a petition with the district court asking that someone be appointed as guardian and/or conservator. After this is done, summons will be served to the perspective protected person to let him or her know about the proceeding. During the time between the filing of the petition and the hearing to determine whether a guardian and/or conservator should be appointed and who that should be, the court will appoint a guardian ad litem and a court visitor who will make recommendations to the assigned judge.