[NM] [NM] How do I become my disabled husband’s guardian?
I was asked by the VA to gain guardianship over my husband, who is experiencing some memory loss. How do I go about doing that? I have also been denied four times as his caregiver.
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Thank you for your patience.
Since you’re in Albuquerque, NM, you’ll be filing in the Second Judicial District Court (Bernalillo County Family Division), which handles guardianships and conservatorships.
Guardianship is used when an adult (the “protected person”) cannot make some or all decisions about health care, safety, or daily needs. Because your husband can dress and feed himself but cannot manage medication, meals, or safety, you would likely be seeking a limited guardianship.
You will file a Petition for Guardianship (Adult). Forms are available on the New Mexico Courts website under “Adult Guardianship/Conservatorship Packet.” (www.nmcourts.gov)
You’ll need:
• Petition for Appointment of Guardian
• Acceptance of Guardianship
• Order Appointing Guardian
• Notice of Hearing
• Letters of Guardianship
Attach a physician’s letter confirming memory loss or incapacity. This can be from a VA doctor or private physician.
File at the District Court Clerk’s Office. A fee is required, but fee waivers exist.
A judge may appoint a Guardian ad Litem or a court visitor to evaluate your husband. If granted, you will receive Letters of Guardianship to show the VA, banks, etc.
If attorneys are unavailable, you can file pro se using the packet.
Regarding your caregiver application denials: the VA often denies if the veteran appears capable of ADLs. From what you've described, he requires significant supervision. You should appeal each denial and request a higher-level review.
Support your appeal with a detailed doctor’s letter addressing his memory loss, inability to manage meds, hygiene, meals, and safety.
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I was asked by the VA to gain guardianship over my husband, who is experiencing some memory loss. How do I go about doing that? I have also been denied four times as his caregiver.
Lexi, Chatbot
I understand that navigating guardianship can be challenging, especially in your situation. Have you already started the process of applying for guardianship through the court?
No, because I do not understand how to do it, and there is a waiting list here in Albuquerque, New Mexico to speak to an attorney about guardianship.
Lexi, Chatbot
What specific reasons were given for the denial of your caregiver applications?
My husband is able to dress himself and feed himself, but he is incapable of being home alone, administering his medication on his own, making his own dinner, breakfast, or lunch, and washing his own clothes.
He is incapable of doing those things.
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you? Rest assured they will be able to help with your guardianship process.
We are also not sure how to file for his Agent Orange diagnosis.
Queeneth E. Esq
Hello and welcome to AskaLawyer. My name is Queeneth. I am an attorney with over 8 years of legal experience. I will do my best to assist you today. First, I need to ask you a few questions to give you the best answer.
Kindly note that our conversation does not establish an attorney–client relationship.
Queeneth E. Esq
What specific information or documentation has the VA provided you regarding the guardianship process?
Have you considered any alternative resources or organizations that might assist you in understanding the guardianship application process?
Can you share more about your husband's current living situation and how it impacts his daily life?
No information has been given about guardianship other than phone numbers for attorneys who have not responded.
As far as my husband’s condition and his memory loss, he depends on me for everything — his medication, making dinner, breakfast, and lunch, taking him to doctor’s appointments, bringing him home, washing.
Basically, he depends on me for almost everything. He has days when he can’t make it to the bathroom and needs assistance.
Queeneth E. Esq
Thank you for the feedback. Please allow me some time to prepare a response. I will get back to you shortly.
Okay, thank you so much.
Queeneth E. Esq
Thank you for your patience.
Since you’re in Albuquerque, NM, you’ll be filing in the Second Judicial District Court (Bernalillo County Family Division), which handles guardianships and conservatorships.
Guardianship is used when an adult (the “protected person”) cannot make some or all decisions about health care, safety, or daily needs. Because your husband can dress and feed himself but cannot manage medication, meals, or safety, you would likely be seeking a limited guardianship.
You will file a Petition for Guardianship (Adult). Forms are available on the New Mexico Courts website under “Adult Guardianship/Conservatorship Packet.” (www.nmcourts.gov)
You’ll need:
• Petition for Appointment of Guardian
• Acceptance of Guardianship
• Order Appointing Guardian
• Notice of Hearing
• Letters of Guardianship
Attach a physician’s letter confirming memory loss or incapacity. This can be from a VA doctor or private physician.
File at the District Court Clerk’s Office. A fee is required, but fee waivers exist.
A judge may appoint a Guardian ad Litem or a court visitor to evaluate your husband. If granted, you will receive Letters of Guardianship to show the VA, banks, etc.
If attorneys are unavailable, you can file pro se using the packet.
Regarding your caregiver application denials: the VA often denies if the veteran appears capable of ADLs. From what you've described, he requires significant supervision. You should appeal each denial and request a higher-level review.
Support your appeal with a detailed doctor’s letter addressing his memory loss, inability to manage meds, hygiene, meals, and safety.
Queeneth E. Esq
If your husband may have an Agent Orange–related condition, file a VA Disability Claim (VA Form 21-526EZ). Provide medical evidence plus service records showing Vietnam or another exposure zone.
Work with a Veterans Service Officer (DAV, VFW, American Legion, or PVA). They help for free.
Is there anything else I can clarify?
We need a TOD — a transfer upon death deed — document.
Queeneth E. Esq
New Mexico law allows a Transfer on Death Deed (TODD) under the Uniform Real Property Transfer on Death Act. It lets you name beneficiaries to receive real estate automatically at your death, without probate.
You keep full ownership while alive, and you can revoke the deed at any time.
Is there anything else you would like me to explain?
Thank you.
Queeneth E. Esq
You’re welcome. I’m happy to have assisted you today.
Queeneth E. Esq
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