Eligibility Criteria for Guardianship from The Arc of New Mexico1. The individual Must be a resident of New Mexico. 2. The individual Must be 18 years of age or older. 3. The individual Must have a documented diagnosis of a developmental disability. The federal definition of a developmental disability is listed at the bottom of the page. 4. If it is not clear that a diagnosis of developmental disability exists, then does the individual receive benefits from the state or federal government related to a disability such as Supplemental Security Income (SSI), Social Security Disability Income (SSDI), Social Security (SS) or Medicaid?
And/or...
And/or... 6. Does the individual reside in an Intermediate Care Facility for the Mentally Retarded (ICF/MR)? 7. Does the individual have any family or friends able or willing to help the individual make decisions? If a family member or a friend is available, capable and willing to assist with decision-making, then the family member or friend has priority of appointment over The Arc. If you determine that an individual meets all of the criteria listed above, please call The Arc at (505) 883-4630 or 1-800 358-6493 to request an Intake and Referral Form.
(1) A developmental disability is defined as a severe, chronic disability other than mental illness that: a. Is attributable to a mental or physical impairment, including the result of trauma to the brain or a combination of mental and physical impairments; b. Is manifested before a person reaches the age of 22 years; c. Is expected to continue indefinitely; d. Results in substantial limitations in three or more of the following areas of major life activity:
i. self-care
e. reflects the person’s need for a combination and sequence of special or interdisciplinary treatment, generic or other support and services that are of lifelong or extended duration and are individually planned and coordinated. (2) The individual also has mental retardation or a a specific related condition limited to cerebral palsy, autism, (including Asperger’s syndrome), seizure disorders, chromosomal disorders (e.g. Down Syndrome) syndrome disorders, inborn errors of metabolism, and developmental disorders of brain formation. (3) The individual must also require the level of care provided in an Intermediate Care Facility for the Mentally Retarded (ICF/MR). (4) The individual must meet all other applicable financial and non-financial eligibility requirements.
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