Rule 1-142.Guardianship and conservatorship proceedings; proof of certification of professional guardians and conservators
Last verified June 26, 2026
Full Text of Rule 1-142
Rule History
[Adopted by Supreme Court Order No. 19-8300-001, effective for all cases on or after July 1, 2019.]
Committee Commentary
The definition of a professional guardian or conservator focuses on the number of non-relatives who are under the care of the guardian or conservator. The definition therefore excludes, for example, a guardian or conservator appointed to care only for relatives, regardless of number. Similarly, the definition excludes a guardian or conservator appointed to care for one or two non-relatives. The definition limits relatives by blood or affinity to the third degree of relationship to the guardian or conservator, which includes the guardian’s or conservator’s spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse or former spouse of the persons specified. Accord NMSA 1978, § 40-10B-3(E).
The Center for Guardianship Certification (CGC) provides certification to guardians and conservators who demonstrate “sufficient skill, knowledge and understanding of the universal guardianship principles to be worthy of the responsibility entrusted to him or her.” Center for Guardianship Certification, https://guardianshipcert.org/about-us/. Certification by the CGC demonstrates that the guardian or conservator has met certain professional and ethical standards, including the following:
Certification entitles the guardian [or conservator] to represent to the courts and the public that he or she is eligible to be appointed, is not disqualified by prior conduct, agrees to abide by universal ethical standards governing a person with fiduciary responsibilities, submits to a disciplinary process, and can demonstrate through a written test an understanding of basic guardianship principles and laws.
Id. To view the CGC’s certification requirements, visit https://guardianshipcert.org/ certification-requirements/.
Under Paragraph C of this rule, an order appointing a professional guardian or conservator shall require the professional guardian or conservator to submit proof within ninety (90) days that the person who has been assigned the duties of a guardian or conservator has been certified with the CGC. A person assigned the duties of a guardian or conservator is the individual who makes decisions on behalf of the protected person, including but not limited to the professional guardian’s or conservator’s employee, subcontractor, agent, case manager, guardianship coordinator, or an individual who signs a report submitted under NMSA 1978, Sections 45-5-314, 45-5-409, or 45-5-418. If a corporate entity is appointed as a guardian or conservator, the identity of the person who will be assigned the duties of a guardian or conservator may not be known at the time that the order of appointment is issued. The ninety (90) day time limit set forth in Paragraph C is intended to provide a reasonable amount of time for a corporate entity to assign the duties of a guardian or conservator to a specific individual and to submit proof that the individual is certified.
[Adopted by Supreme Court Order No. 19-8300-001, effective for all cases on or after July 1, 2019.]
Plain-English Summary
This rule sets a competence requirement for professionals. A “professional guardian or conservator” is one serving more than two unrelated individuals. An order appointing a professional guardian or conservator must require proof that the individual assigned the duties is certified and in good standing with the Center for Guardianship Certification, submitted no later than ninety days after the appointment order or the filing of the initial report or inventory, whichever comes first.
The professional must submit proof of good-standing certification annually. The rule applies to professionals appointed on or after its effective date, and those appointed earlier had six months to provide the proof. As the committee commentary explains, certification shows the guardian or conservator has met professional and ethical standards.
Frequently Asked Questions
Who counts as a “professional guardian or conservator”?
An individual or entity serving as guardian or conservator for more than two individuals not related to them by marriage, adoption, or the third degree of blood or affinity.
What certification must a professional guardian show?
Proof that the individual assigned the duties is certified and in good standing with the Center for Guardianship Certification—within ninety days of appointment and annually thereafter.