Appointment of representative.

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A. If the court determines that an interest is not represented under Chapter 45 NMSA 1978, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent and otherwise represent, bind and act on behalf of a minor, incapacitated or unborn person, or a person whose identity or location is unknown. A representative may be appointed to represent several persons or interests.

B. A representative may act on behalf of the person represented with respect to any matter arising under the Uniform Probate Code, whether or not a judicial proceeding concerning the estate is pending.

C. In making decisions, a representative may consider the general benefit accruing to the living members of the person's family.

History: 1978 Comp., § 45-1-403.5, enacted by Laws 2016, ch. 69, § 708.

ANNOTATIONS

Effective dates. — Laws 2016, ch. 69, § 727A made Laws 2016, ch. 69, §§ 701 through 723 effective July 1, 2016.


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