A. In a power of attorney, a principal may nominate a conservator of the principal's estate or guardian of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
B. If, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended or terminated by the court after notice to, and an opportunity to be heard by, the agent and the principal.
History: Laws 2007, ch. 135, § 108; 1978 Comp., § 46B-1-108 recompiled as § 45-5B-108 by Laws 2011, ch. 124, § 102.
ANNOTATIONSRecompilations. — Laws 2011, ch. 124, § 102 recompiled former 46B-1-108 NMSA 1978 as 45-5B-108 NMSA 1978, effective January 1, 2012.
Cross references. — For the Uniform Health Care Decisions Act, see Chapter 24, Article 7A NMSA 1978.