Complaints

• Protected Persons (PPs) and/or other concerned parties are required to first try to resolve the complaint(s) with the Guardian.
• Guardians must be given the opportunity to resolve the complaint.
• There is an exception to this requirement, if there is a reason to believe that an emergency situation exists or a delay of the investigation could result in harm to the PP, and/or retaliation by the Guardian, then the complaint may be filed with OOG.
• OOG does not have jurisdiction over Guardians that do not contract with DDC.
• Complaints may be submitted by the PP or another person on behalf of the PP, including but not limited to a: friend or relative, advocate, caregiver or provider, and other interested person(s).
• OOG is available to provide support with the complaint process, for assistance please call 505-841-4519.
• An exception to the requirement that a complaint be made in writing shall be granted if a reasonable accommodation is necessary.
• OOG’s complaint process does not restrict the PP’s due process rights to submit a grievance form or write a letter to request a status conference with the assigned District Court Judge to address any concerns regarding guardianship.

Complaint Filed with the Guardian

• Complaints should include as much information as possible, including the following: 
  • Name of the PP and contact information.
  • Name and contact information of the individual assisting the PP through the complaint process, if applicable.
    • Relationship of the complaining party to the PP.
  • Name of the Guardian Agency and/or Guardian Coordinator against who the complaint is being made.
  • Name of the party who has attempted to resolve the complaint, if known.
    • What actions have been taken to attempt to resolve the complaint?
  • Details of the complaint including: the alleged wrongdoing, the involved parties, when and where the wrongdoing occurred.
• A copy of the complaint may be provided to OOG.
• Both parties, the complainant and Guardian, are required to cooperate and address the issue(s) to resolve the complaint.
• Within thirty (30) calendar days, after receipt of a complaint, the Guardian shall:
  • Meet with the complainant (e.g., the PP and/or other concerned parties) and attempt to reach a resolution.
  • Document the resolution or non-resolution of the complaint.
    • Signed and dated by all parties, which attempted to resolve the issue(s).
  • Provide and explain the complaint resolution or non-resolution to the PP and, if applicable, their representative and/or other concerned parties involved in the complaint process.
  • Submit a copy of the complaint documentation to OOG.
• If the parties are unable to reach a resolution or agreement within thirty (30) calendar days, the complaining party may submit a complaint to OOG and may file a copy with the Guardian.

Complaint Filed with Office of Guardianship

• Complaints made to OOG may be submitted in person, by mail, phone call, or fax.
• OOG’s Complaint Form is optional, the complainant may submit a complaint in a format of their choosing and may attach supporting documentation.

Complaints via fax submit to 505-841-4455 or USPS:

DDC Office of Guardianship
Attn: Program Manager
625 Silver Ave SW, Suite 100A
Albuquerque, NM 87102

• The complaint must contain sufficient information, which will allow OOG to screen and refer for investigation.
• If sufficient information is not provided, OOG will make further inquiries, if possible, or close the complaint.
• OOG will make a determination decision within sixty (60) business days after the complaint is filed.

Oversight Process of Complaint

• The Developmental Disabilities Council (DDC) Executive Staff will oversee the Office of Guardianship Complaint Procedures to provide guidance and support.
• The DDC Oversight Process includes:
  • Ensure that deadlines are met.
  • Provide technical assistance, as requested.
  • May be involved with the protected person, guardian, and valid interested parties meeting, if necessary.
  • Review and approve final actions, prior to the decision being communicated to all parties involved.

Complaint against the Office of Guardianship

• A written complaint may be submitted to the New Mexico Human Services Department (HSD)

Complaints Submitted to HSD via USPS:

Human Services Department
Attn: Office of the Secretary
P.O. Box 2348
Santa Fe, NM 87504

• A copy of the complaint may be submitted to the DDC Executive Director, pursuant 9.4.21.15 NMAC.

Complaint against a National Certified Guardian or National Master Guardian

• A written complaint may be filed with the Executive Director of the Center for Guardianship Certification (CGC).

Complaints Submitted to CGC via USPS:

Center for Guardianship Certification
Attn: Executive Director
P.O. Box 5704
Harrisburg, Pennsylvania 17110

• The complaint must provide evidence of a violation of the National Guardianship Association Ethical Principles or Standards of Practice.
• Or any change in status that affects the Guardian’s eligibility to be certified as defined in the CGC Rules and Regulations.
• CGC does not accept complaints that are filed anonymously.
• For additional information please visit the following website: guardianshipcert.org/make-a-complaint

Complaint Filed with the New Mexico Courts

• Complainants have the right to contact the assigned District Court Judge to address any concerns pertaining to guardianship.

Form 4-999.1. Grievance about guardian or conservator.

Form 4-999.1. Reclamo sobre tutor o curador.

• For additional information please visit the following website: https://adultguardianship.nmcourts.gov/grievance.aspx