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Decision Information
Chapter 45 - Uniform Probate Code - cited by 1,540 documents
Rule Set 1 - Rules of Civil Procedure for the District Courts - cited by 4,520 documents
Decision Content
4-994. Order to secure or waive bond.
[For use with Rule 1-140 NMRA]
STATE OF NEW MEXICO
COUNTY OF _______________
_________ JUDICIAL DISTRICT
In the matter of _____________________, No. __________
a Protected Person.
ORDER TO SECURE OR WAIVE BOND
THIS MATTER is before the Court on the petition of, ___________________, pro se or by and through her/his attorney, ________________________, to appoint a conservator for _____________________________, the Protected Person in this matter. The Court, having granted the petition by separate order, FINDS:
1. The Court has appointed ____________________________ as Conservator.
2. The Protected Person’s estate has an aggregate capital value, as defined in Section 45-5-411(B) NMSA 1978, of $ _________________.
The Court therefore ORDERS:
☐ The Conservator shall post a surety bond in the amount of $ _____________ in accordance with Section 45-5-411 NMSA 1978. The Conservator may enlist the services of any insurance agent qualified to issue an A-1 surety bond in the State of New Mexico. The Court herewith provides a listing of available bond agents but the Court makes no recommendation as to specific insurers.
OR
☐ The Conservator shall comply with the following alternative asset-protection arrangement, which has been approved and accepted by the Court: __________
________________________________________________________________
________________________________________________________________
OR
☐ The requirement to post a bond is waived because,
☐ A bond or alternative asset-protection arrangement is not necessary to protect the interests of the individual subject to conservatorship because ___________________________________________________________
___________________________________________________________
OR
☐ A bond is not required because the Conservator is a financial institution that possesses and is exercising general trust powers in New Mexico, as provided in Section 45-5-411(C) NMSA 1978.
IT IS SO ORDERED.
_____________________________________
The Honorable _________________________
DISTRICT COURT JUDGE
Submitted by:
____________________
Attorney for Petitioner
Address
Copies to:
____________________________________
____________________________________
____________________________________
____________________________________
[Approved by Supreme Court Order No. 18-8300-005, effective for all cases on or after July 1, 2018.]