A guardian's authority and responsibility terminate upon the death, resignation or removal of the guardian or upon the minor's death, adoption, emancipation, marriage or attainment of majority, but termination does not affect the guardian's liability for prior acts nor the guardian's obligation to account for money and property of the protected person. Resignation of a guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.
History: 1953 Comp., § 32A-5-210, enacted by Laws 1975, ch. 257, § 5-210; 2009, ch. 159, § 30; 2011, ch. 124, § 56.
Compiler's notes. — This section includes within its scope the functions of former 32-1-42, 1953 Comp.
Cross references. — For age of majority, see 12-2A-3 and 28-6-1 NMSA 1978.
The 2011 amendment, effective January 1, 2012, provides that a guardian's authority and responsibility terminate upon the emancipation of a minor.
The 2009 amendment, effective June 19, 2009, deleted "his ward" and added "the protected person".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 C.J.S. Guardian and Ward §§ 36 to 40, 48.
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