Designation of Guardian for Minor Child - New Mexico

DESIGNATION OF GUARDIAN FOR MINOR CHILD

STATE OF NEW MEXICO

Pursuant to NMSA § 45-5-202 et seq.

ARTICLE I — DECLARANT INFORMATION

I, the undersigned Declarant, make this Designation of Guardian ("Designation") under and pursuant to the laws of the State of New Mexico, including NMSA § 45-5-202, which authorizes the parent of an unmarried minor to appoint a guardian for the minor by will, or other writing signed by the parent and attested by at least two witnesses.

Status of Other Parent:

New Mexico Law Note: Under NMSA § 45-5-202, the parent of an unmarried minor may appoint a guardian by will or other writing signed by the parent and attested by at least two (2) witnesses. Subject to the minor's right to object, the appointment becomes effective only under the parental-status conditions in § 45-5-202(B) and when the guardian's acceptance is filed in the specified court. If both parents are dead, an effective appointment by the parent who died later has priority.

ARTICLE II — MINOR CHILDREN INFORMATION

I hereby designate a guardian for the following minor child(ren) for whom I have legal custody or parental authority:

New Mexico Law Note: Under NMSA § 45-5-203, a minor who has attained fourteen (14) years of age may file a written objection in the appropriate court before acceptance to prevent a parental appointment, or after acceptance to terminate it. The minor may withdraw the objection. In a court appointment under NMSA § 45-5-206, the court shall appoint the nominee of a minor age fourteen (14) or older unless it finds that appointment contrary to the minor's best interests.

ARTICLE III — DESIGNATION OF PRIMARY GUARDIAN

Section 3.1 — Primary Guardian

I hereby nominate and designate the following individual to serve as Guardian of the Person of my minor child(ren) named above, subject to the parental-status, filing, and objection conditions in NMSA §§ 45-5-202 and 45-5-203:

Role designated:

☐ Guardian of the Person only
☐ Guardian of the Person; I also nominate this individual for the court to consider as conservator of the child's estate if a separate conservatorship is needed under NMSA § 45-5-401

Section 3.2 — First Alternate Guardian

If the Primary Guardian named above is unable or unwilling to serve, has predeceased me, or fails to accept the appointment, I designate the following individual as First Alternate Guardian:

Section 3.3 — Second Alternate Guardian

If neither the Primary Guardian nor the First Alternate Guardian is able or willing to serve, I designate the following individual as Second Alternate Guardian:

ARTICLE IV — POWERS GRANTED TO GUARDIAN

Section 4.1 — General Powers

Pursuant to NMSA § 45-5-209, the Guardian shall have the following powers and duties with respect to the minor child(ren), to the extent not limited by court order:

☐ The power to take custody of the minor and establish the minor's place of abode within or outside New Mexico
☐ The duty to provide for the care, comfort, and maintenance of the minor
☐ The duty to take reasonable care of the minor's clothing, furniture, vehicles, and other personal effects
☐ The authority to consent to medical, dental, psychiatric, psychological, hygienic, or other remedial care or treatment for the minor
☐ The authority to consent to the minor's marriage or adoption
☐ The authority to make decisions regarding the minor's education, including enrollment in public or private schools
☐ The authority to apply for and receive government benefits on behalf of the minor
☐ The right to reasonable compensation for services rendered as guardian, subject to court approval

Section 4.2 — Separate Conservatorship Nomination

If I checked the conservator nomination in Section 3.1, I nominate the same person for the court's consideration. This Designation does not appoint a conservator or grant control over the child's estate. A conservator may be appointed under NMSA § 45-5-401 only after a petition, notice, and hearing; any authority over the estate arises from that appointment and applicable law.

ARTICLE V — SPECIFIC INSTRUCTIONS FOR CARE OF MINOR CHILD(REN)

Section 5.1 — Education

☐ The child(ren) shall continue attending their current school(s) to the extent practicable
☐ The child(ren) shall attend the following school(s): [________________________________]
☐ The child(ren) shall attend a ☐ public ☐ private ☐ religious ☐ charter ☐ Bureau of Indian Education school
☐ The child(ren) shall be homeschooled in accordance with NMSA § 22-1-2.1
☐ Special education services or IEP accommodations: [________________________________]
☐ College savings plan information: [________________________________]
☐ Other educational instructions: [________________________________]

Section 5.2 — Religious and Cultural Upbringing

☐ The child(ren) shall be raised in the following faith tradition: [________________________________]
☐ The child(ren) shall attend religious services at: [________________________________]
☐ The child(ren) shall participate in the following cultural traditions: [________________________________]
☐ The child(ren) shall maintain connections with the following tribal community (if applicable): [________________________________]
☐ No specific religious or cultural instructions

Section 5.3 — Medical Care

☐ The child(ren) shall continue care with their current healthcare providers: [________________________________]
☐ The child(ren) have the following known allergies: [________________________________]
☐ The child(ren) currently take the following medications: [________________________________]
☐ The child(ren) have the following medical conditions requiring ongoing care: [________________________________]
☐ Health insurance information (including Medicaid/CHIP if applicable): [________________________________]
☐ Immunization preferences: [________________________________]
☐ Mental health care instructions: [________________________________]
☐ Other medical instructions: [________________________________]

Section 5.4 — Financial Provisions

☐ Existing life insurance policy information for the guardian to locate: Policy No. [________________________________]. Payment and use of any proceeds depend on the policy terms and applicable law; this writing does not change a beneficiary designation.
☐ Trust funds have been established for the child(ren). Trust Name: [________________________________]
☐ The following assets are designated for child support: [________________________________]
☐ Monthly budget guidance for child care: $[________________________________]

Section 5.5 — Contact with Family Members

☐ The child(ren) shall maintain regular contact with the following family members: [________________________________]
☐ The child(ren) shall NOT have contact with the following individuals: [________________________________]
☐ Visitation schedule with non-custodial parent (if applicable): [________________________________]

Section 5.6 — Extracurricular Activities and Lifestyle

☐ The child(ren) shall continue the following activities: [________________________________]
☐ Dietary restrictions or preferences: [________________________________]
☐ Pet care instructions: [________________________________]
☐ Other specific instructions: [________________________________]

ARTICLE VI — CONDITIONS AND LIMITATIONS

Section 6.1 — Conditions on Guardianship

☐ This Designation applies to all minor child(ren) listed in Article II
☐ This Designation applies only to the following child(ren): [________________________________]
☐ The Guardian shall not relocate the child(ren) outside the State of New Mexico without court approval
☐ The Guardian shall not relocate the child(ren) outside of [________________________________] County without court approval
☐ Other conditions: [________________________________]

Section 6.2 — Kinship Guardianship Preference

New Mexico Law Note: The Kinship Guardianship Act (NMSA § 40-10B-1 et seq.) provides a separate framework for relatives or caregivers to obtain guardianship of a minor. If the designated Guardian is a family member, the Kinship Guardianship Act may provide an additional or alternative path to guardianship.

☐ I prefer that the guardianship proceed under the Uniform Probate Code (NMSA § 45-5-202 et seq.)
☐ I prefer that the guardianship proceed under the Kinship Guardianship Act (NMSA § 40-10B-1 et seq.), if applicable

Section 6.3 — Persons Disqualified from Serving as Guardian

I expressly request that the following individual(s) NOT be appointed as guardian of my minor child(ren):

ARTICLE VII — EFFECTIVE DATE AND DURATION

Section 7.1 — Triggering Events

The parental appointment becomes effective, subject to the minor's right to object, when the guardian's acceptance is filed in the court specified by NMSA § 45-5-202(B) and one of the following statutory parental-status conditions applies (check one):

☐ Both parents are dead or incapacitated.
☐ The surviving parent has no parental rights.
☐ The surviving parent has been adjudged incapacitated.

Section 7.2 — Duration

This Designation shall remain in effect until:

☐ The minor child(ren) reach the age of majority (eighteen years of age under New Mexico law)
☐ A court of competent jurisdiction enters an order modifying or terminating this Designation
☐ I revoke this Designation in writing
☐ The Guardian resigns or is removed by court order

ARTICLE VIII — REVOCATION OF PRIOR DESIGNATIONS

I revoke any earlier guardian appointment I made for the minor child(ren) named here only to the extent I may lawfully do so through this writing. This instrument records my current choice for consideration if an earlier will, accepted appointment, or court order remains effective.

ARTICLE IX — ACCEPTANCE BY DESIGNATED GUARDIAN

Primary Guardian Acceptance:

I, [________________________________], hereby acknowledge that I have read this Designation of Guardian, understand the responsibilities described herein, and accept the appointment as Guardian of the minor child(ren) named above, subject to filing this acceptance in the court specified by NMSA § 45-5-202(B) and the other conditions of that section. Upon acceptance of appointment, I shall give written notice of acceptance to the minor and to the person having the minor's care or the minor's nearest adult relative, as required by NMSA § 45-5-202(D).

Signature: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

First Alternate Guardian Acceptance:

I, [________________________________], hereby acknowledge that I have read this Designation of Guardian, understand the responsibilities described herein, and accept the appointment as Alternate Guardian of the minor child(ren) named above, should the Primary Guardian be unable or unwilling to serve.

Signature: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

ARTICLE X — DECLARANT SIGNATURE

I declare under penalty of perjury under the laws of the State of New Mexico that the foregoing is true and correct, that I am of sound mind, and that I execute this Designation voluntarily and without duress or undue influence.

Signature of Declarant: ________________________________ Date: [__/__/____]

Printed Name: [________________________________]

ARTICLE XI — WITNESS ATTESTATION

New Mexico Requirement: Under NMSA § 45-5-202, a non-testamentary written appointment of a guardian must be signed by the parent and attested by at least two (2) witnesses.

We, the undersigned witnesses, each being at least eighteen (18) years of age and of sound mind, were present at the same time and witnessed the Declarant sign this instrument. The Declarant appeared to be of sound mind and not acting under duress.

Witness No. 1:

Witness No. 2:

ARTICLE XII — NOTARY ACKNOWLEDGMENT

STATE OF NEW MEXICO
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacity and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Signature: ________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

ARTICLE XIII — FILING AND RECORDING INSTRUCTIONS

Important New Mexico Practice Notes:

1. Filing Requirement: Under NMSA § 45-5-202, the Guardian's acceptance must be filed with the court in which the nominating instrument is probated (if made by will) or, for a non-testamentary instrument, in the court at the place where the minor resides or is present. In New Mexico, guardianship matters are filed in the District Court.

2. Two-Witness Requirement: A non-testamentary written appointment must be attested by at least two (2) witnesses. Failure to meet this requirement may render the designation ineffective.

3. Notice of Acceptance: Under NMSA § 45-5-202, upon acceptance of appointment the guardian shall give written notice of acceptance to the minor and to the person having the minor's care or to the minor's nearest adult relative.

4. Minor's Right to Object: Under NMSA § 45-5-203, a minor who has attained fourteen (14) years of age may file a written objection in the appropriate court before acceptance to prevent the appointment or after acceptance to terminate it. An objection may be withdrawn; it does not bar a proper court appointment.

5. Kinship Guardianship Alternative: If the designated guardian is a relative, the Kinship Guardianship Act (NMSA § 40-10B-1 et seq.) may provide an additional or alternative legal framework.

6. Distribution of Copies: Provide copies to:

   • The designated Primary Guardian and Alternate Guardian(s)
   • Your estate planning attorney
   • The Clerk of the District Court in your county of residence
   • Any person having care of the minor child(ren)
   • The minor, if fourteen (14) years of age or older

7. Indian Child Welfare Act (ICWA): If the minor child is an enrolled member or eligible for membership in a federally recognized tribe, the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) may impose additional requirements on guardianship proceedings.

8. Review and Update: This Designation should be reviewed and updated periodically, and especially after any significant life changes.

SOURCES AND REFERENCES

• New Mexico Statutes Annotated Chapter 45, Article 5, Part 2 — Guardian of Minors (NMSA §§ 45-5-201 through 45-5-212)
• New Mexico Kinship Guardianship Act (NMSA § 40-10B-1 et seq.)
• NMSA § 45-5-202: https://law.justia.com/codes/new-mexico/chapter-45/article-5/part-2/section-45-5-202/
• Sutherland Family Law — Guardianship in New Mexico: https://sutherlandfamilylaw.com/guardianship-in-new-mexico-minor-and-adult/

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a licensed New Mexico attorney. Laws are subject to change, and the applicability of this template to your specific circumstances should be verified by qualified legal counsel.