A. A New Mexico court lacking jurisdiction pursuant to Section 45-5A-203 NMSA 1978 has special jurisdiction to do any of the following:
(1) appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in New Mexico;
(2) issue a protective order with respect to real or tangible personal property located in New Mexico; and
(3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued pursuant to procedures similar to Section 45-5A-301 NMSA 1978.
B. If a petition for the appointment of a guardian in an emergency is brought in New Mexico and New Mexico was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
History: 1978 Comp., § 45-5A-204, enacted by Laws 2011, ch. 124, § 71.
ANNOTATIONSEffective dates. — Laws 2011, ch. 124, § 106 made Laws 2011, ch. 124, § 71 effective January 1, 2012.