OPINION: Continued crisis in NM's guardianship system not helped by disinterested officials

By Lorraine Mendiola

As a New Mexican born and raised in this state, it is my right to contact New Mexico legislators with concerns that affect many vulnerable New Mexicans and their families.

As an advocate for all vulnerable New Mexicans — children, the elderly, and the disabled — it is my duty to educate legislators on my experiences and knowledge of the continued crisis in the guardianship system as well as the deficiencies in how the protected person’s health and welfare is being protected.

However, my attempts to contact my legislators have been unsuccessful. On June 29, 2023, I emailed Sen. Nancy Rodriguez, D-Santa Fe, and Rep. Linda Serrato, D-Santa Fe, regarding my concerns with the licensure of boarding homes by the Department of Health. I have testified before the House Health & Human Services Committee and the Senate Judiciary Committee since 2017 on this topic.

Because I received no response from either legislator, I sent a follow-up email on July 10, 2023. I also sent a letter to their home addresses in August and left a voicemail message on their home phones in September. All contact information was obtained from the New Mexico legislative website and other public domain websites. I have not heard from either Sen. Rodriguez or Rep. Serrato.

This issue has been an ongoing one since 2010 despite the fact that individuals have died in boarding homes across the state. Disability Rights New Mexico filed a Writ of Mandamus to force the DOH to create a Rules and Regulations Policy to include boarding homes for licensure.

The DOH finally created their policy in 2020. It took this agency 10 years to create this Rules and Regulations Policy. This policy is so rigid that it would take tens of thousands of dollars for boarding home owners to become compliant with it. As a result of the monetary strain placed on these boarding home owners, only three boarding homes in the state have been licensed by the DOH. This is unacceptable.

At the Oct. 18, 2023, LHHS Interim Committee meeting DOH Cabinet Secretary Patrick Allen and Chris Burmeister, director of Division of Health Improvement, gave a very quick presentation regarding the difficulties with the licensure of boarding homes. However, after announcing that only three boarding homes have been licensed, they provided no concrete solution to solving the problem. These are the individuals who are in charge of the DOH.

There is no accountability and oversight of these very vulnerable New Mexicans — the mentally ill. Many of these individuals are in a court-appointed guardianship/conservatorship. Why has this population been overlooked for the last 10 years or more? This is a human and civil rights issue.

When will the governor, Legislature, the DOH and the courts take responsibility for these individuals?

Full Article & Source:
OPINION: Continued crisis in NM's guardianship system not helped by disinterested officials