N.M. Admin. Code § 9.4.21.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 9.4.21.8 - ELIGIBILITY

A. The alleged incapacitated person must be eighteen (18) years old to qualify for services from the NMDDPC office of guardianship.

B. The alleged incapacitated person must be financially and otherwise eligible for medicaid or a similar public benefit.

C. For a guardianship where the proposed guardian is not a contracted service provider, to obtain legal services the proposed guardian's household income must not exceed 200% of the federally established poverty level as that term is defined by the federal HHS poverty guidelines.

(1) Proof of income is required and is determined by the following:

(a) providing the NMDDPC office of guardianship a copy of the proposed guardian's most recent federal income tax return and proof of all income and benefits such as unemployment compensation, child support, food stamps or social security income; or, if no income tax return, by completing a financial eligibility form provided by the office of guardianship; or

(b) proof of qualification by the proposed guardian under any federal or state program with income restrictions equal to or greater than that required above.

(2) At the discretion of the director of the NMDDPC office of guardianship, exceptions may be made for financial hardship.

(3) The NMDDPC office of guardianship may develop a sliding-fee scale for private guardianships for persons who do not meet income eligibility guidelines.

(4) This program is for low income New Mexicans with very limited resources who are unable to pay for private legal services to be appointed as the guardian. The proposed guardian will be required to attest to not having net liquid assets after appropriate exclusions (which are the principal residence, vehicles used for transportation, assets used in producing income and any other asset exempt from attachment under state or federal law) to pay for the legal services. Services may be declined to a proposed guardian whose income is at or below 200% of the federal poverty level if evidence exists of sufficient resources to pay for private legal services.

N.M. Admin. Code § 9.4.21.8

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