CLE Sessions & Presentation Materials
Adult Guardianship 101 – 4 Part Series
In this 4-part series, Patricia Galindo, Supervising Attorney at the Administrative Office of the Courts, leads participants through a discussion of the complex Adult Guardianship process with the goal of preparing attorneys to accept pro bono cases assisting low-income clients.
Presenter: Patricia M. Galindo, Esq.- Supervising Attorney, Administrative Office of the Courts
Patricia Galindo has been licensed to practice law for over 25 years. She has extensive legal experience in both civil and criminal matters working with the State of New Mexico, City of Albuquerque and private law firms. She has varied litigation experience as a prosecutor and in private civil practice.
Ms. Galindo is currently a supervising attorney for the Administrative Office of the Courts. She supervises the Guardianship Annual Report Review Division (GARRD) and is the subject matter expert for the judiciary on adult guardianship and conservatorship, intimate partner violence, and federal firearm prohibitions. She provides systemic and policy support to the judiciary on the assigned subject matters.
Part 1: Petition to Hearing
Concepts in filing for adult guardianship and conservatorship; common scenarios; and an in-depth discussion of the AG process from filing of the petition until the hearing.
Part 2: Appointing 3 Professionals & Filing of Their Reports
The 3 professionals whom petitioner must name to assist in determining the functional limitations and capacity of the alleged incapacitated person; the responsibilities of the Guardian ad Litem, Qualified Healthcare Professional, and Court Visitor; and filing of the professional reports.
Part 3: Dealing with Family Conflict
How to stay focused on the best interests of the alleged incapacitated person (AIP) when family members disagree on the AIP’s care or asset management, including options to keep costs down to preserve the AIP estate.
Part 4: Post-Adjudication Issues
Issues that arise after issuance of the guardianship orders, including bonding requirements, required reports from guardian/conservator, on-going judicial review, audits, and grievances.
BONUS! Part 5: Do You Really Need a Guardian? Identifying Decision Making Supports
New Mexico statutes require that least restrictive alternatives to guardianship must be considered before a guardianship petition is filed. Learn how to use ABA’s PRACTICAL Tool to evaluate whether an individual needs guardianship and explore the alternatives to guardianship available in New Mexico.
Presenters:
Alice Liu McCoy – Executive Director, New Mexico Developmental Disabilities Council
Alice Liu McCoy is the Executive Director of the New Mexico Developmental Disabilities Council, which houses the Office of Guardianship. Previously, Alice served as Cabinet Secretary for New Mexico Aging and Long-Term Department. Prior to her Cabinet appointment, Alice worked as an attorney at Disability Rights New Mexico, representing and advocating for New Mexicans living with disabilities in systemic impact litigation, individual cases, and legislative and regulatory advocacy—including representing individuals in guardianship proceedings and advocating for systemic guardianship reform.
Alice currently serves on the New Mexico Working Interdisciplinary Network of Guardianship Stakeholders (WINGS). She previously served on the Supreme Court Ad Hoc Guardianship and Conservatorship Rules and Forms Committee, and on the board of the New Mexico Guardianship Association.
Joseph Turk – Office of Guardianship Legal Director, New Mexico Developmental Disabilities Council
Joseph Turk is the Legal Director at the New Mexico Developmental Disabilities Council (DDC) Office of Guardianship. He joined the DDC as Chief Operating Officer in January 2020. Prior to working with DDC, he worked as a Staff Attorney with Disability Rights New Mexico, representing individuals with disabilities whose legal rights had been violated. At DRNM, Joe’s practice focused on representing individuals in administrative proceedings, and in state and federal courts, regarding issues such as Medicaid and DD Waiver eligibility, employment law, and special education. Before working at DRNM, he practiced law in New Mexico and New Jersey for 13 years.