House Bill 125 (HB 125) relates to probate and allows liability waivers for conservators.  

 House Bill 125 (HB 125) amends Section 45-5-429 NMSA 1978 regarding the individual liability of conservators. The bill removes the prohibition of a release or waiver of liability of a conservator, agent, affiliate, or designee of a conservator.  The bill also removes language that voided any such waiver of liability.   Therefore, HB 125 allows conservators to procure waivers of liability.  

 Currently, Section 45-5-429 provides that a conservator is not liable in certain situations, such as contracts entered into while administering the estate.  A conservator is liable for obligations arising from ownership or control of an estate’s property or torts committed while administering the estate, only if the conservator is personally at fault. Certain claims can be brought against a conservator in the conservator’s fiduciary capacity.   

 The House Consumer and Public Affairs Committee Substitute for HB 125 (HCPAC CS/HB 125) is the same as the original bill in that it allows conservators to procure waivers of liability.  However, HCPAC CS/HB 125 adds the following: 
First, it allows a court to approve an action, proposed action or report of a conservator after the conservator files a petition and has a court hearing with all parties entitled to appear. Upon termination of a conservatorship, a conservator may petition the court to approve the final report and discharge the conservator from further claim of an interested person related to the estate.  
Second, a release of liability signed by a protected person subject to a conservatorship or guardianship when the release is signed is not valid or enforceable.  
Third, a guardian ad litem or court investigator may review the petition and submit a report to the court.