Q: Can I be the guardian for someone who lives in New Mexico if I live in another state?

Yes, a guardian can live in another state as long as he/she is able to assist the incapacitated person in obtaining their daily living needs.  During the petitioning process for guardianship the proposed guardian will need to be present in the state and county in which the proposed incapacitated person resides to attend the guardianship hearing.  Annual Reports to the Court will need to be filed in the county in which the hearing took place.

Q: Can I stop being a guardian?

It is possible to terminate guardianship.  The current guardian can write to the Court (in which the guardianship was granted) requesting a change in guardianship.  Guardianship is automatically terminated upon the death of the incapacitated person.