The Nursing Home Complaint Guide
Adult Protective Services Guide

Adult Protective Services in New Mexico

“If you suspect a vulnerable adult is being abused or neglected, immediate intervention is not just a moral obligation—it is a pathway to legal restoration.”

Nick Kassatly, Esq.

Reviewed by Nick Kassatly, Esq. · Updated May 28, 2026

Immediate Assistance

Reporting is confidential — 24 hours a day, 7 days a week.

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New Mexico APS Hotline

1-866-654-3219

Adult Protective Services (APS)

Connect directly with New Mexico's state-mandated Adult Protective Services for immediate reporting and advocacy.

New Mexico Adult Protective Services (APS), operated by the Aging and Long-Term Services Department (ALTSD), investigates abuse, neglect, exploitation, and self-neglect affecting incapacitated adults throughout the state. The APS hotline is available 24 hours a day, 7 days a week at 1-866-654-3219. New Mexico has a universal duty-to-report law — any person who suspects an incapacitated adult is being harmed is legally required to report under NMSA Section 27-7-30.

How to Report Elder Abuse in New Mexico

New Mexico APS accepts reports by phone at any time of day or night. On-call staff handle emergent reports after hours. Everyone in New Mexico — not just certain professionals — has a legal duty to report suspected abuse of an incapacitated adult.

Report by Phone

Call the New Mexico APS hotline at 1-866-654-3219. This toll-free number operates 24 hours a day, 7 days a week, including weekends and holidays. On-call staff handle urgent situations outside of regular business hours. When you call, an intake worker will gather information about the person at risk and assign a response priority.

Report Online

New Mexico APS does not currently offer a statewide online reporting portal for the general public. All reports should be made by calling the hotline at 1-866-654-3219. If you have questions about APS services, the Aging and Long-Term Services Department can be reached through their local field offices listed at aging.nm.gov/about-altsd/locations/.

Emergency Situations

If a person is in immediate physical danger, call 911 first. APS is not a first responder. After emergency services have been summoned, file a report with APS at 1-866-654-3219 so a caseworker can conduct a follow-up assessment and connect the person with services.

What Information to Have Ready Before You Call

New Mexico APS intake staff will work with whatever information you can provide. You do not need to have all the details — reasonable suspicion is enough to make a report. Having the following information available when you call will help:

  • Full name, approximate age, and home address of the person you are concerned about
  • A description of what you observed — physical injuries, unsafe living conditions, financial irregularities, or behavioral changes
  • The name and relationship of the person suspected of causing harm, if known
  • Information about the victim's physical or mental condition and any known disabilities
  • Names of other people who may have relevant information
  • Your own contact information (reports can be made without identifying yourself)

Types of Elder Abuse APS Investigates in New Mexico

Under the New Mexico Adult Protective Services Act (NMSA Sections 27-7-1 et seq.), APS investigates the following types of abuse and neglect affecting incapacitated adults in community settings:

  • Physical abuse — Inflicting pain, injury, or suffering through hitting, restraining, or inappropriate use of medication or physical force
  • Mental/emotional abuse — Verbal abuse, threats, intimidation, humiliation, or deliberate isolation causing mental anguish
  • Sexual abuse — Any non-consensual sexual contact, exposure, or exploitation
  • Financial exploitation — Theft, fraud, misuse of funds, unauthorized access to accounts, or coerced changes to wills or powers of attorney
  • Neglect — A caretaker's failure to provide basic necessities including food, water, clothing, shelter, medical care, or supervision
  • Self-neglect — An incapacitated adult's inability or refusal to provide for their own basic needs

Warning Signs of Elder Abuse

Warning signs of abuse or neglect may be subtle, especially when the victim is isolated from family and friends or afraid to speak up. Contact New Mexico APS at 1-866-654-3219 if you observe any of the following:

Physical Signs

  • Unexplained bruises, cuts, burns, broken bones, or injuries in various stages of healing
  • Signs of physical restraint, including marks on wrists or ankles
  • Malnourishment, dehydration, or sudden unexplained weight loss
  • Pressure sores, particularly on bony areas like heels or hips

Behavioral Signs

  • Withdrawal from social activities or relationships with family and friends
  • Fear, anxiety, or distress — especially when a particular caregiver is nearby
  • Depression, confusion, or agitation that is new or worsening
  • The person seems unwilling or afraid to speak in the presence of a caretaker

Financial Signs

  • Unexplained withdrawals, transfers, or new account activity
  • Sudden changes to wills, trusts, powers of attorney, or beneficiary designations
  • Unpaid bills or disconnected utilities despite the person having adequate income
  • New individuals taking unusual interest in the person's finances or estate

Who Can (and Must) Report Abuse in New Mexico

New Mexico law imposes a universal duty to report under NMSA Section 27-7-30. Any person or financial institution with reasonable cause to believe an incapacitated adult is being abused, neglected, or exploited is legally required to make a report. Unlike many states, New Mexico does not limit mandatory reporting to specific professional categories — the obligation applies to everyone.

Reporters acting in good faith are immune from civil and criminal liability under NMSA Section 27-7-31. APS records are confidential, and disclosure of a reporter's identity is strictly limited. Failure to report when required may result in penalties under NMSA Section 27-7-30.

What Happens After You Report to APS in New Mexico

After a report is filed, New Mexico APS follows a prioritized response process based on the level of risk to the victim.

Step 1 — Intake and Priority Assignment

An APS intake worker screens the report to determine whether it meets criteria for investigation. Reports are assigned one of three priority levels: Emergency (response within 1-3 hours), Priority 1 for serious but non-immediate risk (response within 24 hours), or Priority 2 for non-emergency situations (response within 5 calendar days).

Step 2 — Response Timeline

New Mexico APS uses one of the fastest response systems in the region. Emergency situations receive a response within 1 to 3 hours. Priority 1 cases receive a response within 24 hours. All other cases are addressed within 5 calendar days of report receipt. If the situation is life-threatening, call 911 first.

Step 3 — Investigation

The investigating caseworker will conduct a face-to-face visit with the alleged victim, interview witnesses and the suspected abuser if appropriate, and review any available medical or financial records. APS may coordinate with law enforcement, field offices, or other state agencies depending on the circumstances.

Step 4 — Service Plan and Outcome

If abuse or neglect is substantiated, APS develops a voluntary service plan in collaboration with the client. Services may include emergency placement, in-home care, medical and mental health referrals, financial counseling, and legal advocacy. Adults with decision-making capacity may decline services; if a client lacks capacity and faces ongoing danger, APS may pursue guardianship or other court-ordered protective measures.

APS vs. Long-Term Care Ombudsman — Who Handles Nursing Home Abuse in New Mexico?

New Mexico APS investigates abuse, neglect, and exploitation in community settings such as private homes. APS does not investigate abuse in licensed long-term care facilities such as nursing homes, assisted living facilities, or adult care homes.

If you are concerned about a resident of a licensed facility, contact the New Mexico Long-Term Care Ombudsman Program at 1-866-451-2901. The Ombudsman advocates for residents' rights and investigates complaints about care and conditions in licensed facilities. For regulatory enforcement, contact the New Mexico Department of Health's Health Facility Licensing and Certification Bureau.

For a complete guide to nursing home complaints in New Mexico, visit our New Mexico Nursing Home Complaint Guide.

Additional Resources in New Mexico

Reports to New Mexico APS are confidential. All persons in New Mexico have a legal duty to report suspected abuse of an incapacitated adult. Call 1-866-654-3219 at any time to report.

Protecting Your Privacy

APS records are confidential under NMSA Section 27-7-29. Limited disclosure is authorized for specific purposes.

Good-Faith Immunity

Yes. Good-faith reporters are immune from liability for reports and testimony under NMSA Section 27-7-31.

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APS vs. Long-Term Care Ombudsman

APS investigates abuse of vulnerable adults in community settings. If your loved one lives in a licensed nursing home or assisted living facility, the New Mexico Long-Term Care Ombudsman Program may be the right contact.

Frequently Asked Questions

Can I report elder abuse anonymously in New Mexico?expand_more
Yes. Reports to New Mexico APS are kept confidential under NMSA Section 27-7-29. You may report without providing your name, though giving contact information helps investigators follow up if needed. Reporter identities are not disclosed without authorization.
How long does a New Mexico APS investigation take?expand_more
New Mexico APS uses a three-tier priority system. Emergencies receive a response within 1-3 hours. Priority 1 cases (serious risk) are addressed within 24 hours. Standard Priority 2 cases receive a response within 5 calendar days. Full investigations are typically completed within 30 days.
Can APS remove an incapacitated adult from their home in New Mexico?expand_more
APS cannot remove a person who has decision-making capacity and refuses services. Adults have the right to make their own choices. If a person lacks capacity and faces life-threatening risk, APS may petition the court for guardianship or emergency protective orders under the Adult Protective Services Act.
What if the victim refuses help from New Mexico APS?expand_more
Adults who have decision-making capacity may refuse APS services, even in abusive situations. APS will continue to offer assistance and monitor the situation. If the person's capacity is in question, APS may request a mental health evaluation and, if warranted, seek court-authorized protective intervention.
What information do I need to report elder abuse in New Mexico?expand_more
Provide the victim's name, age, and address; a description of what you have observed; the suspected abuser's name and relationship if known; and information about the victim's condition. You do not need proof — reasonable cause to believe abuse is occurring is enough to file a report.
Is elder abuse reporting mandatory in New Mexico?expand_more
Yes. New Mexico has a universal mandatory reporting law under NMSA Section 27-7-30. Every person and every financial institution that has reasonable cause to believe an incapacitated adult is being abused, neglected, or exploited is legally required to report. Good-faith reporters are protected from liability.
What is the difference between New Mexico APS and the Long-Term Care Ombudsman?expand_more
New Mexico APS handles abuse and neglect in community settings like private homes. The New Mexico Long-Term Care Ombudsman (1-866-451-2901) handles complaints from residents of licensed facilities such as nursing homes and assisted living. If the person lives in a licensed facility, call the Ombudsman.
Does New Mexico APS handle self-neglect?expand_more
Yes. New Mexico APS investigates self-neglect — situations where an incapacitated adult is unable or unwilling to provide for their own basic needs such as food, water, shelter, medical care, or hygiene. Self-neglect is one of the most common reasons APS is contacted in New Mexico.

Not Sure Where to Start?

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