{"data":{"id":"us-nm/45-5a-206","jurisdiction":"us-nm","citation":"45-5A-206","heading":"Appropriate forum.","body":"A. A New Mexico court having jurisdiction pursuant to Section 45-5A-203 NMSA 1978 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.\nB. If a New Mexico court declines to exercise its jurisdiction pursuant to Subsection A of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.\nC. In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:\n(1) any expressed preference of the respondent;\n(2) whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation;\n(3) the length of time the respondent was physically present in or was a legal resident of New Mexico or another state;\n(4) the distance of the respondent from the court in each state;\n(5) the financial circumstances of the respondent's estate;\n(6) the nature and location of the evidence;\n(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;\n(8) the familiarity of the court of each state with the facts and issues in the proceeding; and\n(9) if an appointment of a guardian or conservator were to be made, the court's ability to monitor the conduct of the guardian or conservator.","path":["Chapter 45 - Uniform Probate Code","ARTICLE 5A Uniform Adult Guardianship and Protective Proceedings Jurisdiction"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18546/index.do","current_through":"2024-09-06","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"2d693eb80d983fe21d614fd8fd348e02fc0f98ede35cf10d72f13ef58bea812a","source_id":"us-nm","stale":false,"prev":"us-nm/45-5a-205","next":"us-nm/45-5a-207"},"notice":"GroundRules: Original legal text. Not legal advice."}