HM 6

Page 1

A MEMORIAL

REQUESTING THAT THE DEVELOPMENTAL DISABILITIES PLANNING

COUNCIL CONVENE A TASK FORCE TO REVIEW THE PROCESSES BY WHICH

GUARDIANS OF ADULTS ARE APPOINTED, TRAINED, SUPERVISED AND

REVIEWED.

WHEREAS, the appointment of a guardian pursuant to the

Uniform Probate Code for an adult with diminished capacity

limits or eliminates the legal authority of the adult to make

decisions and control the adult's own life; and

WHEREAS, appointment of plenary guardians, with

authority to control all aspects of a ward's life, is still

the typical outcome of guardianship petitions to the district

courts, despite the preference in New Mexico law for limited

guardianships that would maximize the autonomy and authority

of adults with limited capacity; and

WHEREAS, recent studies have demonstrated that there is

very little effective oversight of guardianship arrangements

once they have been established, including one study that

showed that only twelve percent of private guardians have

filed required annual reports; and

WHEREAS, there is no systematic process through which

existing guardianship orders and arrangements are reviewed to

determine whether such arrangements are still needed or

appropriate, even though some existing orders are twenty years

HM 6

Page 2

old or more and the ward's circumstances or capacity may have

changed;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that the

developmental disabilities planning council be directed to

convene a task force to review the processes by which

guardians of adults under the Uniform Probate Code are

appointed, trained, supervised and reviewed; and

BE IT FURTHER RESOLVED that the task force be composed

of persons who have sufficient authority to engage in policy

planning and implementation on behalf of the departments or

agencies they represent. The participants shall include

representatives of the developmental disabilities planning

council, the administrative office of the courts, the adult

protective services division of the aging and long-term

services department, the department of health, the attorney

general’s office, other appropriate state agencies, New Mexico

district court judges, the New Mexico guardianship

association, the protection and advocacy system, the senior

citizens law office, individual and corporate guardians,

elders, individuals with disabilities, advocates or other

representatives of elders or adults with disabilities and

other interested individuals; and

BE IT FURTHER RESOLVED that representatives of state

agencies constitute less than fifty percent of the membership

HM 6

Page 3

of the task force; and

BE IT FURTHER RESOLVED that the task force consider

potential statutory or regulatory changes, training

requirements, identification and dissemination of best

practices and other recommendations that would improve New

Mexico's system for qualification, appointment and oversight

of guardians of adults with limited capacity; and

BE IT FURTHER RESOLVED that the task force present its

recommendations no later than October 31, 2008 to the interim

legislative health and human services committee and the

courts, corrections and justice interim committee; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the developmental disabilities planning

council.