Inquiry: 2,300 New Mexico guardianship cases were mislabeled

New Mexico

ALBUQUERQUE, N.M. (KRQE) – New Mexico has 2,300 re-opened guardianship cases after it was determined they had mistakenly been closed. According to the Albuquerque Journal, guardianship cases involve appointing someone to take care of the daily living and other decisions for someone deemed incapacitated.

A recent inquiry of more than 20,000 guardianship cases in the state court system found that more than 2,300 ongoing cases were labeled “closed” even though the incapacitated person involved was still alive. Cases typically are labeled as closed when the incapacitated person has died or it is deemed that the guardian or conservator is no longer needed.

The Journal reports that a senior attorney with the Administrative Office of the Courts told a guardianship reform committee on Tuesday that under new policy and judicial adult guardianship and conservatorship, the cases that were mislabeled are now labeled as open. The review of cases covered those from July 2018 to June 2019 as part of an initiative to “clean up” guardianship and conservatorship cases that were in the system.

The Journal reports some cases dated back to 1947. Following the Administrative Office of the Courts review, a total of 5,816 cases are now open and are considered active.

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