Section 45-5-409 - Annual report and account.
45-5-409. Annual report and account.
A. Every conservator shall file an annual report and account with the appointing court within thirty days of the anniversary date of the conservator's appointment, upon the conservator's resignation or removal or upon termination of the conservatorship. A copy of the annual report and account shall also be mailed to the district judge who appointed the conservator or his successor, to the incapacitated person and to his guardian, if any. The report shall include information concerning the progress and condition of the person under conservatorship, a report on the manner in which the conservator carried out his powers and fulfilled his duties and the conservator's opinion regarding the continued need for conservatorship. The report may be substantially in the following form:
"IN THE DISTRICT COURT ________________________ COUNTY, STATE OF NEW MEXICO In the matter of the ) No. ____________ Conservatorship of ) (Enter Name of Person ) Under Conservatorship)
CONSERVATOR'S REPORT AND ACCOUNT
Pursuant to Section 45-5-407 NMSA 1978, the undersigned duly appointed, qualified and acting conservator of the above-mentioned protected person reports to the court as follows:
1. My name is:
2. My address and telephone number are:
3. The name, if applicable, and address of the place where the person under conservatorship now resides are:
4. The name of the person primarily responsible for the care of the person under conservatorship at such person's place of residence is:
5. The name and address of any hospital or other institution where the person under conservatorship is now admitted on a temporary basis are:
6. A brief description of the physical condition of the person under conservatorship is:
7. A brief description of the mental condition of the person under conservatorship is:
8. A description of contracts entered into on behalf of the person under conservatorship during the past year:
9. Describe all financial decisions made during the past year including all receipts and disbursements, any sale, lease or mortgage of estate assets and any investment made on behalf of the person under conservatorship:
10. The reasons, if any, why the conservatorship should continue are:
Signature of Conservator: Date: ________________________ ".
B. Any conservator may rely on a qualified health care professional's current written report to provide descriptions of the physical and mental conditions required in items 6, 7 and 10 of the annual report and account as specified in Subsection A of this section.
C. The court shall not waive the requirement of an annual report and account under any circumstance, but may grant an extension of time. The court may require the filing of more than one report and account annually.
D. The conservator may be fined five dollars ($5.00) per day for an overdue annual report and account. The fine shall be used to fund the costs of visitors, counsel and functional assessments utilized in conservatorship and guardianship proceedings pursuant to the [Uniform] Probate Code [45-1-101 NMSA 1978].
E. In connection with any account, the court may require a conservator to submit to a physical check of the property in his control, to be made in any manner the court may order.
F. In any case in which property consists in whole or in part of benefits paid by the veterans administration to the conservator or his predecessor for the benefit of the protected person, the veterans administration office that has jurisdiction over the area is entitled to a copy of any report and account filed under Chapter 45, Article 5 NMSA 1978.