Office of Guardianship

A collage of people with and without disabilities spending time together. The images include a young woman using headphones with a woman at a laptop, two men talking, a young man with Down syndrome walking with a man and an older woman with a younger woman

The Developmental Disabilities Council’s Office of Guardianship (OOG) is a state agency that provides decision-making supports to New Mexicans with disabilities, by offering legal and professional guardianship services, and information on the availability and use of alternatives to guardianship.

OOG Services

Offer decision-making support to New Mexicans with intellectual and developmental disabilities.
Promote and educate the public regarding decision-making supports, including alternatives to guardianship, supported decision-making, and guardianship, to help people maintain as much autonomy and independence as possible.
Petition for guardianship for New Mexicans with disabilities when appropriate.
Provide professional guardians and mental health treatment guardians for individuals without family or close friends available to serve as guardian.
Recruit and work with professional guardians, attorneys, court visitors, and mental health treatment guardians.
Address complaints against professional guardians and legal professionals who contract with OOG.

Application and Eligibility Criteria for OOG Services

Office of Guardianship services are available to people who reside or are located in New Mexico.

For assistance with creating a Supported Decision-Making Agreement (“SDMA”):

There are no financial eligibility requirements;
Only adults (age 18 years or older) can make an SDMA.

[Note: Young people and their families can begin the process at any time, but an Agreement cannot be signed until after the Decision-Maker turns 18 years old.]

An Office of Guardianship Services Request form must still be submitted.

For legal services related to Adult Guardianship:

A complete Office of Guardianship Services Request form – with all supporting documents – must be submitted.
The adult who may receive Office of Guardianship services (the “Service Recipient”) must have a functional impairment making them unable to manage their personal or financial affairs.

[Note: “To manage” means an ability to make or communicate decisions about personal care & financial affairs, not physical ability to actually complete the necessary tasks on their own].

The Service Recipient must be at least 18 years old; and
The Service Recipient must be financially or otherwise eligible for Medicaid or a similar public benefit.

If a Service Recipient’s family member wishes to serve as guardian, the family member must also separately qualify:

The family member’s household income cannot be over 200% of the current Federal Poverty Level.
If more than one family members wishes to be appointed (called a “co-guardianship”), and they live separately, each proposed co-guardian’s house must financially quality.

ELIGIBILITY: Click HERE for this year's Federal Poverty Guidelines (for Family Guardian income eligibility only)

APPLICATION: Click HERE for the Office of Guardianship Services Request

ESPAÑOL: Haga clic AQUI para acceder a la solicitud de la Oficina de Servicios de Tutela

Submit a completed application and required documents by mail, fax, or email to:

DDC Office of Guardianship
Attn: Intake Coordinator
625 Silver Avenue SW, Suite 100A
Albuquerque, New Mexico 87102

Fax: (505) 841-4455
Email: DDCOOG.Intake@ddc.nm.gov