Rule 1-156.Successor guardian

Last verified June 26, 2026

In one sentenceRule 1-156 allows a new caregiver to petition for appointment if a kinship guardian dies or becomes incapacitated, and addresses the department’s subsidy obligations.

Full Text of Rule 1-156

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If a guardian appointed under the Kinship Guardianship Act dies or is incapacitated, a new petition for the appointment of a guardian may be filed by the new caregiver. The court is not bound by any agreements made between the Children, Youth and Families Department (“the department”) and a kin caregiver addressing a successor guardian in a guardianship assistance agreement, but under Section 40-10B-19(B) NMSA 1978, the department may be required to pay the costs associated with a qualified successor guardian in obtaining a subsidized guardianship of the child in an amount limited by the Kinship Guardianship Act.

End

Rule History

[Adopted by Supreme Court Order No. 22-8300-020, effective for all cases pending or filed on or after December 31, 2022.]

Plain-English Summary

This short rule plans for a guardian’s death or incapacity. If a guardian appointed under the Kinship Guardianship Act dies or is incapacitated, a new caregiver may file a new petition for appointment. The court is not bound by any successor-guardian terms in an assistance agreement between the Children, Youth and Families Department and a kin caregiver, but the department may be required under the Act to pay the costs of a qualified successor guardian in obtaining a subsidized guardianship, up to the limit the Act sets.

Frequently Asked Questions

What happens if a kinship guardian dies or becomes incapacitated?

A new caregiver may file a new petition for appointment; the department may be required to pay the costs of a qualified successor guardian obtaining a subsidized guardianship, within the limits of the Act.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-156 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: successor guardiankinship guardian deathnew caregiversubsidized guardianship