1 4-999 Notice of hearing and rightsSTATE OF NEW MEXICO COUNTY OF JUDICIAL DISTRICT In the matter of . No. NOTICE OF HEARING AND RIGHTS A hearing will be held at the following date time, and location on the Petition to Appoint a Guardian and/or Conservator for (alleged incapacitated person): Date: Time: Judicial District: Courthouse: Address: Judge: The purpose of the hearing will be to determine whether protection is needed for (alleged incapacitated person) and (alleged incapacitated person)222s property. Before the hearing, the Court will appoint a visitor, a qualified health care professional, and if necessary, a guardian ad litem to advise the Court about (alleged incapacitated person)222s capacity and whether a guardian and/or conservator should be appointed. If the Court appoints a guardian and/or conservator, the guardian and/or conservator, (1)will have the authority to make decisions over some or all of (alleged incapacitated person)222s personal and/orfinancial affairs;(2)must use their decision-making authority only when necessary to promote andprotect the well being and/or financial interests of (alleged incapacitated person); and(3)must use their decision-making authority in a manner that encourages thedevelopment of maximum self-reliance and independence of (alleged incapacitated person),TO: (name and address of alleged incapacitated person) American LegalNet, Inc. www.FormsWorkFlow.com 2 If the Court appoints a guardian and/or a conservator, (alleged incapacitated person) retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted to the guardian and/or conservator by the Court. NOTICE OF RIGHTS (alleged incapacitated person) has the following rights under Sections 45-5-309(B) and 45-5-503 and/or 45-5-405(B) and 45-5-407 NMSA 1978: 1.The right to obtain an attorney of (allegedincapacitated person)222s choice;2.The right to object to the individuals appointed as visitor, qualified health careprofessional, and guardian ad litem;3.The right to attend the hearing. If (allegedincapacitated person) is unable to be present in court, the Court upon request or itsown motion may conduct hearings at (allegedincapacitated person)222s location;4.The right to respond to any statements made by any person at the hearing and toobject to any part of this proceeding; and5.The right to be personally served with a copy of this notice and of the petitionfiled in this proceeding.THE COURT SHALL NOT GRANT THE PETITION IF THE PETITION AND THIS NOTICE OF HEARING AND RIGHTS IS NOT PERSONALLY SERVED ON (ALLEGED INCAPACITATED PERSON). BY: TCAA for Judge A copy of this Notice of Hearing and Rights is being provided as required under Sections 45-5-309(C) and/or 45-5-405(C) NMSA 1978 to the following interested persons who areidentified in the information sheet submitted with the Petition under Rule 1-003.2 NMRA:(list names and address of all persons identified on the information sheet) American LegalNet, Inc. www.FormsWorkFlow.com 3 USE NOTE This Notice of Hearing and Rights must be used in cases filed on or after October 15, 2018. In a case filed after July 1, 2018 but before October 15, 2018, the alleged incapacitated person must receive notice that substantially complies with the notice-of-rights requirements set forth in NMSA 1978, 247247 45-5-309(B) and 45-5-405(B). [Provisionally approved by Supreme Court No. 18-8300-007, effective for all cases filed on or after October 15, 2018.] American LegalNet, Inc. www.FormsWorkFlow.com