When Can Someone be Declared Legally Incompetent?

If a loved one is experiencing memory loss or suddenly making poor decisions and they do not have a power of attorney in place, you may need the court to appoint a guardian, which requires a declaration of incompetence. Determining whether someone is incompetent to make their own decisions is a complicated process. If a loved one is unable to … Read More

3-Part Vlog Series on Guardianship: Part III

Our firm is pleased to announce the final vlog, Part III in our 3-Part Series on Guardianship. In Part III, Kellie Knapp, talks with PBWS attorney, Bridget Mullins, to ask four final questions about guardianship in the state of New Mexico. The four questions are: 1) What does the Qualified Healthcare Professional report need to contain? 2) How long does … Read More

3-Part Vlog Series on Guardianship: Part II

Our firm is happy to share Part II in a 3-Part Series on Guardianship. In Part II, Firm and Marketing Manager, Kellie Knapp, talks with associate attorney, Bridget Mullins, to ask four more questions about guardianship in the state of New Mexico. The four questions are: 1) Are there alternatives to guardianship? 2) What should someone expect at a guardianship … Read More

3-Part Vlog Series on Guardianship: Part I

Pregenzer, Baysinger, Wideman & Sale, PC presents a 3-Part Series on Guardianship: Part I. In Part I, Firm and Marketing Manager, Kellie Knapp, sits down with attorney, Bridget Mullins, to ask four basic questions about guardianship in the state of New Mexico. The four questions are: 1) What is guardianship? 2) What is the initial process in getting a guardianship? … Read More

Serving the Public Good

Lawyers have an ethical responsibility to provide pro bono services to indigent or other deserving clients.  Rule 16-601 says that a lawyer should aspire to at least 50 pro bono publico (“for the public good”) legal services per year.  “For the public good” means undertaking professional work voluntarily and without payment. Recently in Albuquerque, the guardianship and conservatorship community was … Read More

Five Truths and One Lie About Guardianship

Guardianship and conservatorship is the process where a court authorizes another to make decisions for someone who is incapacitated; i.e., someone who is partially or completely functionally impaired to the extent that he is unable to manage his/her personal and/or financial affairs. A guardian has authority to make personal decisions for the person who is incapacitated, including medical decisions and … Read More

Q & A About Guardianship and Conservatorship

What is Guardianship? The court approved process of appointing a person or agency to act on behalf of an incapacitated adult who is unable to manage some or all aspects of his or her care. What is Conservatorship? The court approved process of appointing a person or agency to manage the financial affairs of an incapacitated adult who is unable … Read More

Mental Illness and Guardianship – The Discussion Continues

The New Mexico Guardianship Association recently hosted its annual Symposium, offering speakers on topics related to guardianship and conservatorship.  The theme of the Symposium this year was mental illness and its impact on guardianship.  Speakers talked about the difficulties of finding the balance between protecting individuals with mental illness and allowing them autonomy and independence.  The discussion was thought-provoking and … Read More

Guardianship for Persons with Developmental Disabilities

Parents of children with developmental disabilities are often surprised to learn that when their child turns eighteen, they no longer have the right to make medical decisions for their child or manage their child’s finances. If the child is incapacitated, that is, unable to manage their personal and/or financial affairs, the parents need to consider guardianship and conservatorship. In New … Read More