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Committee passes amendments to clarify guardianship powers after death, moves House Bill 124 forward
Summary
The House Judiciary Committee approved House Bill 124 as amended, which clarifies guardians’ and conservators’ authority after the death of a protected person and establishes a final reporting and hearing process before closing cases.
The House Judiciary Committee gave a "do pass" recommendation on House Bill 124, which amends the probate code’s guardianship and conservatorship provisions to address post-death authority and reporting.
Sponsor testimony said HB124 was drafted after review by the Supreme Court–created WINGS (Working Interdisciplinary Network of Guardianship Stakeholders) and aims to close gaps that leave no one authorized to arrange burial, cremation or other end-of-life actions when a protected person dies with no next of kin. The bill also authorizes a guardian to be appointed as the personal representative of a deceased protected person’s estate, clarifies appointment priority where both guardian and conservator seek that role, and requires a final report and hearing prior to termination of guardianship or conservatorship.
Alice Lou McCoy, executive director of the Developmental Disabilities Council and acting representative for the Office of Guardianship, explained the bill’s interplay with House Bill 125. HB125 created a process that allows conservators to seek court approval to limit their liability; HB124 was amended to cross-reference that conservator-liability process and to remove parallel liability language from the guardianship provisions because guardian practice and liability differ from conservators.
Public witnesses included Ellen Pines of the Disability Coalition, who said the change was needed for cases where there is no next of kin so basic post-death tasks can be completed, and Howard Hurst, an AARP New Mexico volunteer advocate, who said the bill provides clarity about expectations at case closure.
The committee adopted the amendment, then moved and passed a "do pass" recommendation on the amended bill. The chair announced the committee’s "do pass" action. The bill will be reported out to the next chamber consistent with committee procedures.
Notes: committee discussion focused on the interplay between guardianship and conservatorship liability processes and ensuring statutory language matches practice and current probate provisions.
