reglab/housing_qa huggingface dataset:
MS Code § 93-20-101 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-101. Short title

 This chapter may be cited as the Mississippi Guardianship and Conservatorship Act.
MS Code § 93-20-103 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-103. Supplemental principles of law and equity applicable

 Unless displaced by a particular provision of this chapter, the principles of law and equity supplement its provisions.
MS Code § 93-20-104 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-104. Subject-matter jurisdiction

  Except to the extent jurisdiction is precluded by the Uniform Child Custody Jurisdiction and Enforcement Act (Title 93, Chapter 27, Mississippi Code of 1972), the chancery court has jurisdiction over a guardianship or conservatorship for a respondent domiciled or present in this state or having property in this state.   After notice is given in a proceeding for a guardianship or conservatorship and until termination of the proceeding, the court in which the petition is filed has:   Exclusive jurisdiction to determine the need for the guardianship or conservatorship;   Exclusive jurisdiction to determine how property of the respondent must be managed, expended, or distributed to or for the use of the respondent, an individual who is dependent in fact on the respondent, or other claimant;   Nonexclusive jurisdiction to determine the validity of a claim against the respondent or property of the respondent or a question of title concerning the property; and   If a guardian or conservator is appointed, exclusive jurisdiction over issues related to administration of the guardianship or conservatorship.     A court that appoints a guardian or conservator has exclusive and continuing jurisdiction over the proceeding until the court terminates the proceeding.
MS Code § 93-20-105 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-105. Transfer of proceeding

  This section does not apply to a guardianship or conservatorship for an adult that is subject to the transfer provisions of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (Title 93, Chapter 14, Mississippi Code of 1972).   After appointment of a guardian or conservator, the court that made the appointment may transfer the proceeding to a court in another county in this state or another state if transfer is in the best interest of the ward, a final settlement of the conservatorship accounts is made, and the guardian or conservator qualifies as such in the county or state to which the proceeding is being removed.   If a proceeding for a guardianship or conservatorship is pending in another state or a foreign country and a petition for guardianship or conservatorship for the same respondent is filed in a court in this state, the court must notify the court in the other state or foreign country and, after consultation with that court, assume or decline jurisdiction, whichever is in the best interest of the respondent.   A guardian or conservator appointed in another state or country may petition the court for appointment as a guardian or conservator in this state for the same individual if jurisdiction in this state is or will be established. The appointment may be made on proof as outlined in Section 93-20-124.   Notice of hearing on a petition under subsection (4), together with a copy of the petition, must be given to the respondent, if the respondent is at least fourteen (14) years of age at the time of the hearing, and to the persons that would be entitled to notice if the procedures for appointment of a guardian or conservator under this chapter were applicable. The court shall make the appointment unless it determines the appointment would not be in the best interest of the respondent.   Not later than fourteen (14) days after appointment under subsection (5), the guardian or conservator must give a copy of the order of appointment to the ward, if the ward is at least fourteen (14) years of age, and to all persons given notice of the hearing on the petition.
MS Code § 93-20-106 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-106. Venue

  Venue for a guardianship proceeding for a minor is in:   The county in which the minor resides or is present at the time the proceeding commences; or   The county in which another proceeding concerning the custody or parental rights of the minor is pending.     Venue for a guardianship proceeding for an adult is in:   The county in which the respondent resides;   If the respondent has been admitted to an institution by court order, the county in which the court is located; or   If the proceeding is for appointment of an emergency guardian for an adult, the county in which the respondent is present.     Venue for a conservatorship proceeding is in:   The county in which the respondent resides, whether or not a guardian has been appointed in another county or other jurisdiction; or   If the respondent does not reside in this state, in any county in which property of the respondent is located.     If proceedings under this chapter are brought in more than one (1) county, the court of the county in which the first proceeding is brought has the exclusive right to proceed unless the court determines venue is properly in another court or that the interest of justice otherwise requires transfer of the proceeding.
MS Code § 93-20-107 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-107. Practice in court

  Except as otherwise provided in this chapter, the Mississippi Rules of Evidence and Mississippi Rules of Civil Procedure, including rules concerning appellate review, govern a proceeding under this chapter.   If proceedings for a guardianship or conservatorship for the same individual are commenced or pending in the same court, the proceedings may be consolidated.
MS Code § 93-20-108 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-108. Letters of guardianship or conservatorship

  The clerk must issue letters of guardianship to a guardian who takes the proper oath, posts bond if required, and submits a certificate of attorney and certificate of fiduciary, unless waived by the court.   The clerk must issue letters of conservatorship to a conservator who takes the proper oath, posts bond if required, and submits a certificate of attorney and certificate of fiduciary, unless waived by the court or unless the conservator complies with another asset-protection arrangement required by the court.   The court in its initial order of appointment or at any subsequent time may limit the powers conferred on a guardian or conservator. The court shall direct the clerk to issue new letters of guardianship or conservatorship that reflect the limitation. The court shall direct the clerk to give notice of the limitation by service of a copy of the court's order on the guardian or conservator, the ward, and any other person the court determines.   Limitations on the powers of a guardian or conservator or on the property subject to conservatorship must be stated in the letters of guardianship or conservatorship.
MS Code § 93-20-109 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-109. Effect of acceptance of appointment

 By accepting appointment, a guardian or conservator submits to the personal jurisdiction of the court in this state in any proceeding relating to the guardianship or conservatorship.
MS Code § 93-20-110 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-110. Co-guardian; co-conservator

 When the court deems appropriate, the co-guardian or co-conservator must comply with Section 93-20-108.
MS Code § 93-20-111 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-111. Judicial appointment of successor guardian or successor conservator

  The court at any time may appoint a successor guardian or successor conservator to serve immediately as ordered by the court.   A person entitled under Section 93-20-202 or 93-20-302 to petition the court to appoint a guardian may petition the court to appoint a successor guardian. A person entitled under Section 93-20-402 to petition the court to appoint a conservator may petition the court to appoint a successor conservator.   A successor guardian or successor conservator appointed to serve may act as guardian or conservator upon compliance with Section 93-20-108.
MS Code § 93-20-112 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-112. Effect of death, removal, or resignation of guardian or conservator

  The appointment of a guardian or conservator terminates on the death or removal of the guardian or conservator, or when the court approves a resignation of the guardian or conservator under subsection (2).   A guardian or conservator must petition the court to resign. The petition may include a request that the court appoint a successor. Resignation of a guardian or conservator is effective on the date the resignation is approved by the court.   Death, removal, or resignation of a guardian or conservator does not affect liability for a previous act or the obligation to account for:   An action taken on behalf of the ward; or   The ward's funds or other property.
MS Code § 93-20-113 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-113. Notice of hearing generally

  Except as otherwise provided in Section 93-20-203, 93-20-303(3), or 93-20-403(3), if notice of a hearing under this chapter is required, the movant must give notice of the date, time, and place of the hearing to the person to be notified unless otherwise ordered by the court for good cause shown. Except as otherwise provided in this chapter, notice must be given in compliance with Rule 81 of the Mississippi Rules of Civil Procedure.   Proof of notice of a hearing under this chapter must be made before or at the hearing and filed in the proceeding.   Notice of a hearing under this chapter must be in at least sixteen-point font, in plain language, and, to the extent feasible, in a language in which the person to be notified is proficient.   Any person interested in the ward's welfare may file a motion to intervene as provided by Rule 24 of the Mississippi Rules of Civil Procedure.
MS Code § 93-20-114 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-114. Waiver of notice

 Except as otherwise provided in this chapter, a person may waive notice under this chapter in a record signed by the person or person's attorney and filed in the proceeding. However, a respondent or ward may not waive notice under this chapter.
MS Code § 93-20-115 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-115. Guardian ad litem

 The court at any time may appoint a guardian ad litem for an individual. If no conflict of interest exists, a guardian ad litem may be appointed to represent multiple individuals or interests. The guardian ad litem may not be the same individual as the attorney representing the respondent. The court shall state the duties of the guardian ad litem and the reasons for the appointment.
MS Code § 93-20-116 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-116. Request for notice

  A person may file with the court a request for notice under this chapter if the person is:   Not otherwise entitled to notice under Section 93-20-203, 93-20-303(3), or 93-20-403(3); and   Interested in the welfare of a respondent or ward.     A request under subsection (1) must include a statement showing the interest of the person making the request and the address of the person or an attorney for the person to whom notice is to be given.   If the court approves a request under subsection (1), the court must give notice of the approval to the guardian or conservator, if one has been appointed, or to the respondent if no guardian or conservator has been appointed.
MS Code § 93-20-117 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-117. Disclosure of bankruptcy or criminal history

 Before accepting appointment as a guardian or conservator, a person must disclose to the court whether the person:   Is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding; or   Has been convicted of:   A felony;   A crime involving dishonesty, neglect, violence, or use of physical force; or   Other crime relevant to the functions the person would assume as guardian or conservator.
MS Code § 93-20-118 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-118. Compensation and expenses; in general

  An attorney for a respondent in a proceeding under this chapter may be awarded reasonable compensation for services and reasonable expenses in the discretion of the court.   An attorney or other person whose services resulted in an order beneficial to a ward may be awarded reasonable compensation for services and reasonable expenses in the discretion of the court.   The court must approve compensation and expenses payable under this section before payment. Approval is not required before a service is provided or an expense is incurred.   If the court dismisses a petition under this chapter and determines the petition was filed in bad faith, the court may assess any costs the court deems appropriate.
MS Code § 93-20-119 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-119. Compensation of guardian or conservator

  Subject to court approval, a guardian may be awarded reasonable compensation for services as guardian and to reimbursement for room, board, clothing, and other appropriate expenses advanced for the benefit of the ward. If a conservator other than the guardian or a person affiliated with the guardian is appointed for the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator in the discretion of the court.   Subject to court approval, a conservator may be awarded reasonable compensation for services and reimbursement for appropriate expenses from the property of the ward in the discretion of the court.   In determining reasonable compensation for a guardian or conservator, the court shall consider:   The necessity and quality of the services provided;   The experience, training, professional standing, and skills of the guardian or conservator;   The difficulty of the services performed, including the degree of skill and care required;   The conditions and circumstances under which a service was performed, including whether the service was provided outside regular business hours or under dangerous or extraordinary conditions;   The effect of the services on the ward;   The extent to which the services provided were or were not consistent with the guardian's plan under Section 93-20-315 or conservator's plan under Section 93-20-419; and   The fees customarily paid to a person that performs a like service in the community.     A guardian or conservator need not use personal funds of the guardian or conservator for the expenses of the ward.   If a ward seeks to modify or terminate the guardianship or conservatorship or remove the guardian or conservator, the court may order compensation to the guardian or conservator for time spent opposing modification, termination, or removal only to the extent the court determines the opposition was reasonably necessary to protect the interest of the ward.
MS Code § 93-20-120 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-120. Liability of guardian or conservator for act of ward

 A guardian or conservator is not personally liable to another person solely because of the guardianship or conservatorship for an act or omission of the ward.
MS Code § 93-20-121 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-121. Petition after appointment for instruction or ratification

  A guardian or conservator may petition the court for instruction concerning fiduciary responsibility or ratification of a particular act related to the guardianship or conservatorship.   On notice and hearing on a petition under subsection (1), the court may give an instruction and issue an appropriate order.
MS Code § 93-20-122 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-122. Third-party acceptance of authority of guardian or conservator

  A person may choose to not recognize the authority of a guardian or conservator to act on behalf of a ward if:   The person has actual knowledge or a reasonable belief that the letters of guardianship or conservatorship are invalid or the conservator or guardian is exceeding or improperly exercising authority granted by the court; or   The person has actual knowledge that the ward is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator.     A person may refuse to recognize the authority of a guardian or conservator to act on behalf of a ward if:   The guardian's or conservator's proposed action would be inconsistent with this chapter; or   The person makes, or has actual knowledge that another person has made, a report to a government agency providing protective services to adults or children stating a good-faith belief that the ward is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator.     A person that refuses to accept the authority of a guardian or conservator in accordance with subsection (2) may report the refusal and the reason for refusal to the court. The court on receiving the report shall consider whether removal of the guardian or conservator or other action is appropriate.   A guardian or conservator may petition the court to require a third party to accept a decision made by the guardian or conservator on behalf of the ward.
MS Code § 93-20-123 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-123. Temporary substitute guardian or conservator

  The court may appoint a temporary substitute guardian or conservator for a ward in the discretion of the court.   Except as otherwise ordered by the court, a temporary substitute guardian or temporary substitute conservator appointed under this section has the powers stated in the order of appointment of the guardian or conservator. The authority of the existing guardian or conservator is suspended for as long as the temporary substitute guardian or conservator has authority.   Notice of appointment of a temporary substitute guardian or temporary substitute conservator shall be given to the ward and all interested parties as directed by the court.   The court may remove a temporary substitute guardian or temporary substitute conservator at any time. The temporary substitute guardian or temporary substitute conservator must make any report the court requires.
MS Code § 93-20-124 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-124. Registration of order; effect

  If a guardian has been appointed in another state for an individual, and a petition for guardianship for the individual is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court, may register the guardianship order in this state by filing certified copies of the order and letters of guardianship as a foreign judgment in a court of an appropriate county of this state.   If a conservator has been appointed in another state for an individual, and a petition for conservatorship for the individual is not pending in this state, the conservator appointed for the individual in the other state, after giving notice to the appointing court, may register the conservatorship in this state by filing certified copies of the order of conservatorship, letters of conservatorship, and any bond or other asset-protection arrangement required by the court as a foreign judgment in a court of a county in which property belonging to the individual is located.   Upon registration under this section of a guardianship or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order except as prohibited by this chapter and law of this state other than this chapter. If the guardian or conservator is not a resident of this state, the guardian or conservator may maintain an action or proceeding in this state subject to any condition imposed by this state on an action or proceeding by a nonresident party.   The court may grant any relief available under this chapter and law of this state other than this chapter to enforce an order registered under this section.
MS Code § 93-20-125 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 1 - General Provisions|§ 93-20-125. Transition provisions

 Except as otherwise provided in this chapter:   This chapter applies to all guardianship and conservatorship proceedings commenced on or after January 1, 2020;   This chapter applies to all guardianship and conservatorship proceedings commenced before January 1, 2020, unless the court finds that application of a particular provision of this chapter would substantially interfere with the effective conduct of the proceedings or prejudice the rights of the parties, in which case the particular provision of this chapter does not apply and the superseded law applies; and   An act done before January 1, 2020, is not affected by this chapter.
MS Code § 93-20-201 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 2 - Guardianship of Minor|§ 93-20-201. Basis for appointment of guardian for minor

  A person becomes a guardian for a minor only on appointment by the court.   The court may appoint a guardian for a minor who does not have a guardian if the court finds the appointment is in the minor's best interest, and:   Each parent of the minor, after being fully informed of the nature and consequences of guardianship, consents;   All parental rights have been terminated; or   There is clear and convincing evidence that no parent of the minor is willing or able to exercise the powers the court is granting the guardian.