reglab/housing_qa huggingface dataset:
MS Code § 93-20-307 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-307. Confidentiality of records

  An adult subject to a proceeding for a guardianship, an attorney designated by the adult, and a person entitled to notice either under Section 93-20-309(4) or a court order may access court records of the proceeding and resulting guardianship, including the guardian's plan under Section 93-20-315 and guardian's well-being report under Section 93-20-316. A person not otherwise entitled to access court records under this subsection may petition the court for access to court records of the guardianship, including the guardian's report and plan, for good cause. The court shall grant access if access is in the best interest of the respondent or ward or furthers the public interest and does not endanger the welfare or financial interests of the respondent or ward.   A report under Section 93-20-304 of a guardian ad litem or a professional evaluation under Section 93-20-305 may be considered confidential and may be sealed on filing when determined necessary by the court. If the court finds the file should be sealed, the file will remain available to:   The court;   The individual who is the subject of the report or evaluation, without limitation as to use;   The petitioner, guardian ad litem, and petitioner's and respondent's attorneys, for purposes of the proceeding;   Unless the court orders otherwise, an agent appointed under a power of attorney for health care or power of attorney for finances in which the respondent is the principal; and   Any other person if it is in the public interest or for a purpose the court orders for good cause.
MS Code § 93-20-308 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-308. Who may be guardian for adult

  Appointment of a guardian for an adult will be at the discretion of the court and in the best interest of the respondent. If two (2) or more persons have requested responsibility as guardian for the adult, the court shall select as guardian the person the court considers best qualified. In determining the best qualified person, the court shall consider the person's relationship with the respondent, the person's skills, the expressed wishes of the respondent, including any designation made in a will, durable power of attorney, or health-care directive, the extent to which the person and the respondent have similar values and preferences, and the likelihood the person will be able to perform the duties of a guardian successfully. The court, acting in the best interest of the respondent, may decline to appoint as guardian a person requesting such an appointment.   If a qualified guardian under this section cannot be determined, or if other circumstances arise where the court determines that a guardian must instead be appointed, the court, at its discretion, may appoint the chancery court clerk for the county in which the proceedings were filed, to serve as the respondent's guardian. The chancery court clerk shall serve in the capacity ordered by the court unless a conflict of interest arises or the clerk presents circumstances where the court determines the clerk's recusal from appointment is permitted.   A person that provides paid services to the respondent, or an individual who is employed by a person who provides paid services to the respondent or is the spouse, parent, or child of an individual who provides or is employed to provide paid services to the respondent, may not be appointed as guardian unless:   The individual is related to the respondent by blood, marriage, or adoption; or   The court finds by clear and convincing evidence that the person is the best qualified person available for appointment and the appointment is in the best interest of the respondent.     An owner, operator, or employee of a long-term-care institution at which the respondent is receiving care may not be appointed as guardian unless the owner, operator, or employee is related to the respondent by blood, marriage, or adoption.
MS Code § 93-20-309 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-309. Order on appointment of guardian

  A court order appointing a guardian for an adult must:   Include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a less restrictive alternative, including use of appropriate supportive services and technological assistance; and   Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition.     A court order establishing a full guardianship for an adult must state the basis for granting a full guardianship and include specific findings that support the conclusion that a limited guardianship would not meet the functional needs of the ward.   A court order establishing a limited guardianship for an adult must state the specific powers granted to the guardian.   The court, as part of an order establishing a guardianship for an adult, must identify and include the contact information for any person that subsequently is entitled to:   Notice of the rights of the adult under Section 93-20-310(2);   Notice of a change in the primary dwelling of the adult;   Notice that the guardian has delegated:   The power to manage the care of the adult;   The power to make decisions about where the adult lives;   The power to make major medical decisions on behalf of the adult;   A power that requires court approval under Section 93-20-314; or   Substantially all powers of the guardian;     A copy of the guardian's plan under Section 93-20-315 and the guardian's well-being report under Section 93-20-316;   Access to court records relating to the guardianship;   Notice of the death or significant change in the condition of the adult;   Notice that the court has limited or modified the powers of the guardian; and   Notice of the removal of the guardian.     A spouse and adult children of a ward are entitled to notice under Section 93-20-303(3) unless the court determines notice would be contrary to the preferences or prior directions of the ward or not in the best interest of the ward.     If the chancellor finds from the evidence that the adult is incapable of taking care of his person, the chancellor shall appoint a guardian over the person.   The costs and expenses of the proceedings shall be paid out of the estate of the person if a guardian is appointed. If a guardian is appointed and the adult has no estate, or if no guardian is appointed, then the costs and expenses must be paid by the person instituting the proceedings.
MS Code § 93-20-310 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-310. Notice of order of appointment; rights

  A guardian appointed under Section 93-20-309 must give the ward and all other persons given notice under Section 93-20-309(4) a copy of the order of appointment, together with notice of the right to request termination or modification. The order and notice must be given not later than fourteen (14) days after the appointment.   Not later than fourteen (14) days after appointment of a guardian under Section 93-20-309, the guardian must request from the court a statement of the rights of the ward and must give the statement to the ward and any other person entitled to notice under Section 93-20-303(3) or a court order. The statement must notify the ward of the right to:   Seek termination or modification of the guardianship, or removal of the guardian, and choose an attorney to represent the adult in these matters;   Be involved in decisions affecting the adult, including decisions about the adult's care, dwelling, activities, or social interactions, to the extent reasonably feasible;   Be involved in health-care decision-making to the extent reasonably feasible and supported in understanding the risks and benefits of health-care options to the extent reasonably feasible;   Be notified at least fourteen (14) days before a change in the adult's primary dwelling or permanent move to a nursing home, mental-health facility, or other facility that places restrictions on the individual's ability to leave or have visitors, unless the change or move is proposed in the guardian's plan under Section 93-20-315 or authorized by the court by specific order;   Object to a change or move described in paragraph (d) and the process for objecting;   Communicate, visit, or interact with others, including receiving visitors, and making or receiving telephone calls, personal mail, or electronic communications, including through social media, unless:   The guardian has been authorized by the court by specific order to restrict communications, visits, or interactions;   A protective order is in effect that limits contact between the adult and a person; or   The guardian has good cause to believe restriction is necessary because interaction with a specified person poses a risk of significant physical, psychological, or financial harm to the adult, and the restriction is:    1. For a period of not more than seven (7) business days if the person has a family or pre-existing social relationship with the adult; or   2. For a period of not more than sixty (60) days if the person does not have a family or pre-existing social relationship with the adult;    Receive a copy of the guardian's plan under 93-20-315 and the guardian's well-being report under Section 93-20-315; and   Object to the guardian's plan or report.
MS Code § 93-20-311 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-311. Emergency guardian for adult

  On a petition by a person interested in an adult's welfare or a petition filed under Section 93-20-302, the court may appoint an emergency guardian for the adult if the court finds:   Appointment of an emergency guardian is likely to prevent substantial harm to the adult's physical health, safety, or welfare;   No other person appears to have authority and willingness to act in the circumstances; and   There is reason to believe that a basis for appointment of a guardian under Section 93-20-301 exists.     The duration of authority of an emergency guardian for an adult may not exceed sixty (60) days, and the emergency guardian may exercise only the powers specified in the order of appointment. The emergency guardian's authority may be extended once for not more than sixty (60) days if the court finds that the conditions for appointment of an emergency guardian in subsection (1) continue.   Except as otherwise provided in subsection (4), reasonable notice of the date, time, and place of a hearing on the petition must be given to the respondent, the respondent's attorney, and any other person the court determines.   The court may appoint an emergency guardian for an adult without notice to the adult and any attorney for the adult only if the court finds from an affidavit or testimony that the respondent's physical health, safety, or welfare will be substantially harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency guardian without giving notice under subsection (3), the court must give notice of the appointment not later than forty-eight (48) hours after the appointment to:   The respondent;   The respondent's attorney;   Any other person the court determines; and   Hold a hearing on the appropriateness of the appointment not later than five (5) days after the appointment.     Appointment of an emergency guardian under this section is not a final determination that a basis exists for appointment of a guardian under Section 93-20-301.   The court may remove an emergency guardian appointed under this section at any time. The emergency guardian must make any report the court requires.
MS Code § 93-20-314 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-314. Special limitations on guardian's power

  Unless authorized by the court by specific order, a guardian for an adult does not have the power to revoke or amend an advanced health-care directive or power of attorney for finances executed by the adult. If an advanced health-care directive is in effect, unless there is a court order to the contrary, a health-care decision of an agent takes precedence over that of the guardian and the guardian must cooperate with the agent to the extent feasible. If a power of attorney for finances is in effect, unless there is a court order to the contrary, a decision by the agent which the agent is authorized to make under the power of attorney for finances takes precedence over that of the guardian and the guardian must cooperate with the agent to the extent feasible.   A guardian for an adult may not initiate the commitment of the adult to a mental health facility except in accordance with the state's procedure for involuntary civil commitment.   A guardian for an adult may not restrict the ability of the adult to communicate, visit, or interact with others, including receiving visitors and making or receiving telephone calls, personal mail, or electronic communications, including through social media, or participating in social activities, unless:   Authorized by the court by specific order;   A protective order is in effect that limits contact between the adult and a person; or   The guardian has good cause to believe restriction is necessary because interaction with a specified person poses a risk of significant physical, psychological, or financial harm to the adult and the restriction is:   For a period of not more than seven (7) business days if the person has a family or pre-existing social relationship with the adult; or   For a period of not more than sixty (60) days if the person does not have a family or pre-existing social relationship with the adult.
MS Code § 93-20-315 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-315. Guardian's plan

  If required by the court, a guardian must file with the court a plan for the care of the adult no later than ninety (90) days after the court's order of appointment or order to file a plan. If a plan is required and there is a significant change in circumstances, or if the guardian seeks to deviate significantly from the guardian's plan, a guardian must file with the court a revised plan no later than ninety (90) days after the change in circumstances or decision to deviate from the plan. Every plan must be based on the needs of the adult and take into account the best interest of the adult as well as the adult's preferences, values, and prior directions, to the extent known to or reasonably ascertainable by the guardian. Along with other items determined necessary by the court, the guardian's plan must include:   The living arrangement, services, and supports the guardian expects to arrange, facilitate, or continue for the adult;   Social and educational activities the guardian expects to facilitate on behalf of the adult;   Any person with whom the adult has a close personal relationship or relationship involving regular visitation and any plan the guardian has for facilitating visits with the person;   The anticipated nature and frequency of the guardian's visits and communication with the adult;   Goals for the adult, including any goal related to the restoration of the adult's rights, and how the guardian anticipates achieving the goals;   Whether the adult has an existing plan and, if so, whether the guardian's plan is consistent with the adult's plan; and   A statement or list of the amount the guardian proposes to charge for each service the guardian anticipates providing to the adult.     A guardian must give reasonable notice of the filing of the guardian's plan under subsection (1), and a copy of the plan, to the adult ward, the adult ward's spouse, parents, children, and any other person the court determines. The notice must include a statement of the right to object to the plan and be given not later than fourteen (14) days after the filing.   After the guardian's plan filed under this section is approved by the court, the guardian must provide a copy of the plan to the adult ward, the adult ward's spouse, parents, children, and any other person the court determines.
MS Code § 93-20-317 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-317. Removal of guardian for adult; appointment of successor

  Upon petition and for good cause shown, the court may hold a hearing to consider whether to remove a guardian for an adult for failure to perform the guardian's duties and appoint a successor guardian to assume the duties of guardian.   Notice of a petition under this section must be given to the ward, the guardian, and any other person the court determines.   A ward who seeks to remove the guardian and have a successor guardian appointed has the right to choose an attorney for representation in this matter. The court shall award reasonable attorney's fees to the attorney for the adult as provided in Section 93-20-118.   Not later than ten (10) days after appointing a successor guardian, the court shall give notice of the appointment to the adult ward, the adult ward's spouse, parents, children, and any person entitled to notice under a court order.
MS Code § 93-20-318 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-318. Termination or modification of guardianship for adult

  Upon petition and for good cause shown, the court may hold a hearing to consider whether termination of the guardianship exists on the ground that a basis for appointment under Section 93-20-301 does not exist or termination would be in the best interest of the adult or for other good cause; or modification of the guardianship exists on the ground that the extent of protection or assistance granted is not appropriate or for other good cause.   Notice of a petition under this section must be given to the ward, the guardian, and any other person the court determines.   On presentation of prima facie evidence for termination of a guardianship for an adult, the court shall order termination unless it is proven that a basis for appointment of a guardian under Section 93-20-301 exists.   The court shall modify the powers granted to a guardian for an adult if the powers are excessive or inadequate due to a change in the abilities or limitations of the adult, the adult's supports, or other circumstances.   Unless the court otherwise orders for good cause shown, before terminating or modifying a guardianship for an adult, the court shall follow the same procedures to safeguard the rights of the adult which apply to a petition for guardianship.   A ward who seeks to terminate or modify the terms of the guardianship has the right to choose an attorney for representation in the matter. The court shall award reasonable attorney's fees to the attorney for the adult as provided in Section 93-20-118.
MS Code § 93-20-401 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-401. Basis for appointment of conservator

  For a minor. The court may appoint a conservator for the property or financial affairs of a minor if the court finds by clear and convincing evidence that appointment of a conservator is in the minor's best interest, and:   If the minor has a parent, the court gives weight to any recommendation of the parent whether an appointment is in the minor's best interest; and   Either:   The minor owns funds or other property requiring management or protection that otherwise cannot be provided;   The minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age; or   Appointment is necessary or desirable to obtain or provide funds or other property needed for the support, care, education, health, or welfare of the minor.       For an adult.The court may appoint a conservator for the property or financial affairs of an adult if the court finds by clear and convincing evidence that:   The adult is unable to manage property or financial affairs because:   Of a limitation in the adult's ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate supportive services or technological assistance;   The adult is missing, detained, incarcerated, or unable to return to the United States;     Appointment is necessary to:   Avoid harm to the adult or significant dissipation of the property of the adult; or   Obtain or provide funds or other property needed for the support, care, education, health, or welfare of the adult or of an individual entitled to the adult's support; and     The respondent's identified needs cannot be met by a less restrictive alternative.     The court shall grant a conservator only those powers necessitated by demonstrated limitations and needs of the respondent and issue orders that will encourage development of the respondent's maximum self-determination and independence. The court may not establish a full conservatorship if a limited conservatorship or other less restrictive alternative would meet the needs of the respondent.
MS Code § 93-20-402 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-402. Petition for appointment of conservator; notice

  A person interested in the estate, financial affairs, or welfare of the individual, including a person that would be adversely affected by lack of effective management of property or financial affairs of the individual, may petition for the appointment of a conservator for the individual.   The proceeding may be instituted by the chancellor or clerk of the chancery court, any relative or friend of the individual, or any other interested party, including the individual for whom the order is sought, by filing a sworn petition in the chancery court of the residence of the individual setting forth that the individual is alleged to be in need of a conservatorship.   The petition must state the name and address of an attorney representing the petitioner, if any, and must set forth under the style of the case and before the body of the petition the following language in bold or highlighted type:  "THE RELIEF SOUGHT IN THIS PETITION MAY AFFECT YOUR LEGAL RIGHTS. YOU HAVE A RIGHT TO NOTICE OF ANY HEARING ON THIS PETITION, TO ATTEND ANY HEARING, AND TO BE REPRESENTED BY AN ATTORNEY."