44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

REQUESTING THE OFFICE OF THE ATTORNEY GENERAL TO CREATE A TASK FORCE TO REVIEW POLICIES AND STATUTES REGARDING GUARDIANSHIP AND CONSERVATORSHIP SERVICES.

WHEREAS, guardianship and conservatorship services in the state are available for persons eighteen years of age and older who are decisionally incapacitated; and

WHEREAS, a review of existing policies, procedures and regulations pertaining to guardianship and conservatorship services is necessary to ensure quality, cost-effectiveness and accountability; and

WHEREAS, a review of the Uniform Probate Code pertaining to guardianship and conservatorship services is necessary in determining the best practices for guardianship services; and

WHEREAS, representation of all parties interested in guardianship and conservatorship services should be included in a discussion of policies, procedures, rules and existing statutory law regarding those services to formulate recommendations to improve the quality, cost-effectiveness and accountability of guardianship and conservatorship services available in the state of New Mexico;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the office of the attorney general be requested to form a task force and coordinate a study to review and recommend revisions to policies, procedures and rules pertaining to guardianship and conservatorship services and to suggest statutory changes to reflect those revisions; and

BE IT FURTHER RESOLVED that the task force consist of family members of persons in need of guardianship or conservatorship services; community-based providers of developmental disability, mental health and aging services; the elder law section of the New Mexico bar association; advocacy organizations; the department of health; the human services department; the children, youth and families department; the state agency on aging; the administrative office of the courts; and providers of guardianship and conservatorship services; and

BE IT FURTHER RESOLVED that the office of the attorney general report its findings and recommendations, if any, to the appropriate legislative interim committee prior to the second session of the forty-fourth legislature; and

BE IT FURTHER RESOLVED that copies of this memorial be sent to the attorney general; the secretary of health; the secretary of human services; the secretary of children, youth and families; the director of the state agency on aging; and the director of the administrative office of the courts.