Rule 1-140.Guardianship and conservatorship proceedings; mandatory use of forms
Last amended January 14, 2019 · Last verified June 26, 2026
In one sentenceRule 1-140 requires the use of Supreme Court–approved forms for the key orders, notices, and reports in guardianship and conservatorship proceedings.
A.Order determining persons entitled to notice of proceedings and access to court records. When the court files an order appointing a guardian or conservator, the court shall file a separate order using Form 4-993 NMRA to identify all persons entitled to notice of the proceedings and access to court records following the appointment.
B.Order to secure or waive bond. When the court files an order appointing a conservator, the court shall file a separate order using Form 4-994 NMRA directing the conservator to secure bonding or an alternative asset-protection arrangement or waiving the bonding requirement, as provided in Section 45-5-411 NMSA 1978.
C.Notice of bonding and corporate surety statement. Unless waived by the court, a conservator shall file a separate notice of bonding using Form 4-995 NMRA. The notice of bonding shall be filed at the same time that an inventory or report is filed under Paragraphs E or F of this rule. A statement completed by the corporate surety using Form 4-995.1 NMRA shall be attached to a notice of bonding filed under this paragraph.
D.Guardian’s report. A guardian filing a ninety (90)-day, annual, or final report under Section 45-5-314 NMSA 1978 shall use Form 4-996 NMRA.
E.Conservator’s inventory. A conservator filing a ninety (90)-day inventory under Section 45-5-418 NMSA 1978 shall use Form 4-997 NMRA.
F.Conservator’s report. A conservator filing an annual or final report under Section 45-5-409 NMSA 1978 shall use Form 4-998 NMRA.
G.Notice of hearing and rights. A person filing a petition to appoint a guardian or conservator shall use Form 4-999 NMRA to provide notice of the hearing on the petition and notice of the rights of the alleged incapacitated person as required under Sections 45-5-309 and 45-5-405 NMSA 1978.
End
Rule History
[Approved by Supreme Court Order No. 18-8300-005, effective for all cases on or after July 1, 2018; provisionally amended by Supreme Court Order No. 18-8300-007, effective for all cases filed on or after October 15, 2018; approved by Supreme Court Order No. 19-8300-001, effective January 14, 2019.]
Plain-English Summary
This rule standardizes guardianship and conservatorship paperwork through mandatory forms. When the court appoints a guardian or conservator, it files a separate order (Form 4-993) identifying who is entitled to notice and to access court records, and—for a conservator—an order to secure or waive bond (Form 4-994). Unless waived, the conservator files a notice of bonding (Form 4-995) with a corporate-surety statement.
The rule also prescribes forms for the guardian’s 90-day, annual, or final report (Form 4-996), the conservator’s 90-day inventory (Form 4-997) and annual or final report (Form 4-998), and the notice of hearing and rights of the alleged incapacitated person (Form 4-999) used with a petition to appoint a guardian or conservator.
Frequently Asked Questions
Are specific forms required in guardianship and conservatorship cases?
Yes. Supreme Court–approved forms are mandatory for the appointment-related orders, the bond order and notice, the guardian’s and conservator’s reports and inventory, and the notice of hearing and rights.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-140 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as:guardianship formsconservatorship formsmandatory formsguardian reportconservator inventory