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Legislation expanding human trafficking of the elderly

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Marti Oakley

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Our guests this evening will be Leonie Rosenstiel and Marcia Southwick. 

New Mexico is reviewing several bills regarding guardianship.  At issue this last week New mexico bill SF 112 which would have expanded the grip of predatory guardians beyond death for a minimum of six months. 

Opponents suggested that the way this bill was worded also required that any will or trust that was set up had to be tested in court before being declared valid. They said it was treading on territory that properly belonged to the Uniform Probate Code.

If passed, it would provide a field day for attorneys creating will contests among family members. Opponents of the bill said the guardian should not notify only relatives known to him/her, that anyone doing the notification should comply with the requirements of the Probate Code.

There wasn't a vote to table the bill and mark it up for a vote. Sen. Ortiz y Pino said he was willing to sit down with two of the attorneys on the Senate Judiciary Committee and try to address the issues.  

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