Panel advances bill to let guardians finish funeral arrangements, require final hearing after a protected person’s death

Representative Ferrari, a sponsor of House Bill 124, presented legislation that would amend sections of the probate code governing adult guardianship and conservatorship to address what happens when a protected person or their guardian dies.

The bill, she said, was developed with the Working Interdisciplinary Network of Guardianship Stakeholders (WINGS) and aims to "continue the guardianship and conservatorship after the death of the protected person to allow for burial, cremation, or funeral arrangements and the payment of those arrangements from the protected person's estate," and to authorize guardians or conservators "to obtain a death certificate after the death of the protected person." Patricia Galindo, the supervising attorney at the Administrative Office of the Courts, joined as a technical expert.

The measure would explicitly allow a court to appoint a guardian as personal representative of a deceased protected person in the same way the current code can appoint a conservator, clarify appointment priority if both seek the role, and require that a guardian or conservator file a final report followed by a court hearing before termination of the guardianship or conservatorship. "This legislation was unanimously endorsed and supported by WINGS members," Ferrari said.

Family members who spoke in opposition said the bill could prolong legal relationships that were already contested. "I am not opposed to parts of this bill," said Emily Darnell, who identified herself as a family member of someone who was in a contested guardianship, "but the part about the protected person — I am very opposed to." Elizabeth Brown, another family speaker, urged that estates be given to relatives: "Give the money to the family and let them grieve," she said.

Supporters including Alice Lou McCoy, executive director of the Developmental Disabilities Council, and Chris Leroy of The Arc of New Mexico said corporate guardians often manage affairs for people who have no family and need authority to wrap up final affairs. "When our guardians do want to do that work, they may not be allowed to because they don't have that authority under the law after a person passes away," McCoy said.

Technical clarifications discussed during committee questions included: the bill would allow a guardian to obtain a protected person's death certificate without a separate court order (intended for nonfamily or corporate guardians who currently lack access); the statute replaces the outdated term "incapacitated person" with "protected person" to match the 2018 statutory revisions; and the bill would require a guardian to notify the court within three days of learning of the death and to file a final report within 45 days, followed by a hearing so family and interested parties receive notice and may object.

Representative Locke and other members asked how the bill would protect religious or cultural burial preferences and how courts would ensure family members had an opportunity to step in; Patricia Galindo said the bill creates a court process to determine whether a will or family wishes exist and to authorize reasonable funeral arrangements paid from the estate when no family is available.

After debate and public testimony, Representative Romero moved a due-pass recommendation and Representative Block seconded. On a roll call the committee recorded a 3-2 vote in favor (Yes: Representative Romero; Representative Thompson; Madam chair (sponsor) Ferrari. No: Representative Block; Representative Lord). The committee gave House Bill 124 a due pass to the next stage.

The bill would not change who inherits under an existing will; it focuses on temporary authority and court review when a guardian or protected person dies.