Posting Details
THIS POSTING WILL BE USED FOR ONGOING RECRUITMENT AND MAY CLOSE AT ANY TIME.
APPLICANT LISTS MAY BE SCREENED MORE THAN ONCE.
The Developmental Disabilities Council (DDC) houses the Office of Guardianship (OOG). As further outlined in NMSA 1978, Section 28-16B-3, OOG is responsible for providing legal and professional adult guardianship services to income-eligible New Mexicans who may be "legally incapacitated" and in need of a guardian, and to family members applying to be appointed as guardian.
OOG services include initial petitions for guardianship appointment as well as maintenance of the office's approximately 1,060 active, ongoing cases. At any time, these cases can require OOG to move for appointment of a successor guardian, for transfer of venue or jurisdiction, or for modification or termination of the guardianship. OOG also appears in court for periodic status conferences and when complaints or grievances are filed by or on behalf of a protected person.
In addition to in-house legal and program staff, OOG contracts with professional guardianship agencies and with vendors who provide petitioning attorney, guardian ad litem, and court visitor services.
Prior to providing legal services for guardianship, OOG staff identify and provide information on alternatives to guardianship and what other least restrictive interventions may be available consistent with the person's health, welfare, and safety, and their civil rights and liberties.
Guardianship is intended to be an option of last resort, and OOG champions a person-centered approach focusing on the rights, preferences, and desires of the person under guardianship.
Why does the job exist?
OOG's legal team consists of a Legal Director, an Attorney Supervisor, two Staff Attorneys, and a Paralegal.
The Staff Attorney position provides legal, administrative, and program support to OOG. This includes representing OOG in guardianship cases by preparing pleadings; appearing at court hearings; and developing legal and litigation strategies to support and protect the autonomy of New Mexicans with disabilities. Other tasks may include providing outreach and education to community stakeholders; and training, monitoring, and working with legal and professional guardianship service providers.
In addition to already-active cases, OOG constantly receives new applications for legal and professional guardianship services. The agency is on pace to receive approximately 420 new Service Requests legal and professional guardianship services in FY26, all of which must be evaluated for completion and to determine if the situations are appropriate for guardianship.
The Staff Attorney may assist in reviewing and screening applications to ensure the requests meet statutory requirements, that other less-restrictive alternatives have been explored, and that guardianship would be the least restrictive intervention for the alleged incapacitated person. At the Attorney Supervisor's discretion based on OOG funding and personnel resources, the Staff Attorney may then be assigned as petitioning attorney for any cases approved for guardianship services.
How does it get done?
The Staff Attorney will be expected to develop or increase their competency in adult guardianship cases and successfully represent OOG by serving as Petitioning Attorney when needed for successor guardian cases, initial petitions, emergency petitions, termination and modification motions, 10-year review and status hearings, and other miscellaneous matters. When attending hearings and otherwise engaging with legal cases, the Staff Attorney will support the protected person, the guardian, and the Court in ensuring a person-centered approach to guardianships and assist with issues and concerns that arise after a guardian is appointed.
The Staff Attorney may also contribute to the legal team by reviewing applications and by monitoring, training, supporting, and collaborating with attorney and court visitor contractors and professional guardianship service providers. All OOG personnel, including contractors, should use a person-centered approach focusing on the rights, preferences, and desires of the person under guardianship.
The Staff Attorney will provide input for revision of OOG forms and for Attorney Supervisor's establishment of OOG processes and procedures to improve efficiency in application review, case management, work distribution, task documentation, and other systems. The Staff Attorney will implement processes and procedures as established.
The Staff Attorney may be assigned other tasks as delegated by the Attorney Supervisor, including overseeing contractors' work, ensuring deadlines are met, liaising with the courts and clerks, and otherwise providing legal, administrative, and program support. The Staff Attorney may also prepare reports as needed and participate in projects related to DDC generally.
Administrative Coverage: Provide professional front-office support by occasionally covering receptionist duties and managing high-level inquiries as needed.
Who are the customers?
New Mexicans with disabilities, and their families; mental and healthcare providers; Medicaid and Medicare; other state agencies of New Mexico; and the general public.
Ideal Candidate
New Mexicans with disabilities, and their families; mental and healthcare providers; Medicaid and Medicare; other state agencies of New Mexico; and the general public.
Minimum Qualification
Juris Doctorate degree from an accredited school of law. Must be licensed as an attorney by the Supreme Court of New Mexico or qualified to apply for limited practice license.
Employment Requirements
Must possess and maintain a valid Driver's License. Must possess and maintain a current Defensive Driving Course Certificate from the State of New Mexico or must pass and receive Defensive Driving Course Certification within six (6) months of date of hire as a condition of continued employment.
All Attorney classifications must be and remain licensed as an attorney, in good standing, by the Supreme Court of New Mexico, or licensed as an attorney and in good standing by the highest court of another state and eligible pursuant to the limited license provisions (See Rules 15-301.1 and 15-301.2 NMRA).
Working Conditions
Position will be performed primarily in an office setting, with exposure to Visual/Video Display Terminal (VDT), extensive personal computer and telephone usage, and extended periods of sitting. Must be able to work effectively with diverse client population including individuals with physical, cognitive, and psychiatric disabilities and limitations. In-state travel, including occasional overnight travel. Must be able to lift 25lbs.
Supplemental Information
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Agency Contact Information: Shasta Inman Email
For information on Statutory Requirements for this position, click the Classification Description link on the job advertisement.
Bargaining Unit Position
This position is not covered by a collective bargaining agreement.
