N.M. Admin. Code § 9.4.21.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 9.4.21.7 - DEFINITIONS

Unless defined below, terms used in 9.4.21 NMAC correspond to those defined in NMSA 1978, Section 45-5-101(2009), NMSA 1978, Section 45-1-201 or in NMSA, 1978, Section 43-1-15. The following words and terms when used in this part shall have the following meanings unless the context clearly indicates otherwise.

A. "Complaint" means an allegation of wrongdoing by a contractor or a violation of the contract with the NMDDPC office of guardianship and the contractor, including but not limited to:

(1) failure to provide appropriate services;

(2) violations of the civil rights of the wards; and

(3) abuse, neglect or exploitation of the ward.

B."Complaint against the office of guardianship" means an allegation of wrongdoing by the NMDDPC office of guardianship or its staff, including but not limited to:

(1) failure to appropriately monitor and supervise contractors;

(2) violations of the due process rights of the protected person or contractor; and

(3) failure to comply with complaint procedures as set forth herein.

C. "Comprehensive evaluation" is an assessment using a variety of diagnostic tools to determine the appropriate level of intervention, if any, in order to maximize self-reliance and independence for a [ward] protected person as mandated by NMSA 1978, Section 45-5-301.1(2009).

D. "Contracted guardianship providers" means some private/public entity or individual under contract with the NMDDPC office of guardianship to act as guardian for an adjudicated incapacitated person who has no family or friends willing, able and appropriate to be his/her guardian.

E. "Contractor" means an entity or individual under a contract with the NMDDPC office of guardianship to provide some type of guardianship service; i.e., attorneys, court visitors, or guardians.

F. "Designated entity"is a person or organization contracted or appointed by the NMDDPC office of guardianship to conduct the comprehensive evaluations.

N.M. Admin. Code § 9.4.21.7

9.4.21.7 NMAC - N, 4/14/2006; A, 4/30/07; A, 9/15/11