reglab/housing_qa huggingface dataset:
MS Code § 93-20-403 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-403. Notice and hearing for appointment of conservator

  On receipt of a petition under Section 93-20-402 for appointment of a conservator for a respondent, the court must set a date, time, and place for a hearing on the petition and shall cause not less than seven (7) days' notice thereof to be given to the person for whom the conservator is to be appointed, except that the court may, for good cause shown, direct that a shorter notice be given.   In a proceeding on a petition under Section 93-20-402, notice of the hearing also must be given to any of the persons required to be listed in the petition under subsection (3) and any other person interested in the respondent's welfare the court determines. Failure to give notice under this subsection does not preclude the court from appointing a conservator.   Unless the court finds that the respondent for whom the conservator is to be appointed is competent and joins in the petition, the notice shall also be given to the following persons, listed in order of preference, so that personal service is had on the person for whom the conservator is to be appointed and on at least one (1) relative who resides in Mississippi, other than the petitioner:   If the person for whom the conservator is to be appointed is entitled to any benefit, estate or income paid or payable by or through the Veterans' Administration of the United States government, such administration shall also be given notice.   Notice of a hearing on a petition seeking an order under this article that is filed after the appointment of a conservator, together with a copy of the petition, must be given to the respondent, the conservator, and any other person the court determines.    Each of the spouse, children, parents and siblings of the respondent for whom the conservator is to be appointed, but if none of those can be found, then to:   One (1) adult relative of the person for whom the conservator is to be appointed who is not the petitioner and who resides in Mississippi if that relative is within the third degree of kinship. If no relative within the third degree of kinship to the person for whom the conservator is to be appointed is found residing in the State of Mississippi, the court must either designate some other appropriate person to receive the notice or appoint a guardian ad litem to receive notice.
MS Code § 93-20-404 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-404. Order to preserve or apply property while proceeding pending

 While a petition under Section 93-20-402 is pending, after preliminary hearing and without notice to others, the court may issue an order to preserve and apply property of the respondent as required for the support of the respondent or an individual who is in fact dependent on the respondent.
MS Code § 93-20-405 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-405. Appointment and role of guardian ad litem

 The court may appoint a guardian ad litem to any respondent and allow suitable compensation payable out of the estate of the respondent, but the appointment shall not be made unless the court considers it necessary for the protection of the interest of the respondent; a judgment of any court is not void or erroneous because of the failure to have a guardian ad litem.
MS Code § 93-20-406 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-406. Appointment of attorney

 If the respondent in a proceeding for appointment of a conservator is not represented by an attorney, the court, in its discretion, may appoint an attorney to represent the respondent.
MS Code § 93-20-407 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-407. Professional evaluation

  The chancery court must conduct a hearing to determine whether a conservator is needed for the respondent. Before the hearing, the court, in its discretion, may appoint a guardian ad litem to look after the interest of the person in question, and the guardian ad litem must be present at the hearing and present the interests of the respondent.   The chancery judge shall be the judge of the number and character of the witnesses and proof to be presented, except that the proof must include certificates made after a personal examination of the respondent by the following professionals, each of whom must make in writing a certificate of the result of that examination to be filed with the clerk of the court and become a part of the record of the case   Two (2) licensed physicians; or   One (1) licensed physician and either one (1) licensed psychologist, nurse practitioner, or physician's assistant.     The personal examination may occur face-to-face or via telemedicine, but any telemedicine examination must be made using an audiovisual connection by a physician licensed in this state and as defined in Section 83-9-351. A nurse practitioner or physician assistant conducting an examination shall not also be in a collaborative or supervisory relationship, as the law may otherwise require, with the physician conducting the examination. A professional conducting an examination under this section may also be called to testify at the hearing.   The personal examination requirement in subsections (2) and (3) shall not apply if the respondent is missing, detained or unable to return to the United States.
MS Code § 93-20-408 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-408. Rights at hearing

  At a hearing under Section 93-20-403, the respondent may:   Present evidence and subpoena witnesses and documents;   Examine witnesses; and   Otherwise participate in the hearing.     Unless excused by the court for good cause, a proposed conservator must attend a hearing under Section 93-20-403.   A hearing under Section 93-20-403 must be closed on request of the respondent and a showing of good cause.   Any person may request to participate in a hearing under Section 93-20-403. The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person's participation.
MS Code § 93-20-409 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-409. Confidentiality of records

  An individual subject to a proceeding for a conservatorship, an attorney designated by the respondent or ward, and a person entitled to notice either under Section 93-20-411(5) or court order may access court records of the proceeding and resulting conservatorship, including the conservator's plan under Section 93-20-419 and the conservator's report under Section 93-20-423. A person not otherwise entitled to access to court records under this section for good cause may petition the court for access to court records of the conservatorship, including the conservator's plan and report. The court must 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 individual.   A report under Section 93-20-405 of a guardian ad litem or professional evaluation under Section 93-20-407 may be confidential and may be sealed on filing when determined necessary by the court. If the court finds the file should be sealed, the file shall 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 directs otherwise, a person appointed under a power of attorney for finances in which the respondent is identified as 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 § 93-20-410 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-410. Who may be conservator

  Appointment of a conservator is at the discretion of the court, and in the best interest of the respondent. If two (2) or more persons have requested responsibility as conservator, the court shall select as conservator 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 conservator successfully. The court, acting in the best interest of the respondent, may decline to appoint as conservator a person requesting the appointment.   If a qualified conservator cannot be determined, the court, in its discretion, may appoint the chancery court clerk or probate administrator for the county in which the proceedings were filed to serve as the respondent's conservator. The chancery court clerk or the probate administrator shall serve in the capacity ordered by the court unless a conflict of interest arises or the clerk or the probate administrator 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 that 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 conservator 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 conservator unless the owner, operator, or employee is related to the respondent by blood, marriage, or adoption.
MS Code § 93-20-412 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-412. Notice of order of appointment; rights

  A conservator appointed under Section 93-20-411 must give to the ward and to all other persons given notice under Section 93-20-403 a copy of the order of appointment. 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 conservator under Section 93-20-411, the court must give to the ward, the conservator, and any other person entitled to notice under Section 93-20-411(5), a statement of the rights of the ward and procedures to seek relief if the ward is denied those rights. The statement must be in plain language, in at least sixteen-point font, and to the extent feasible, in a language in which the ward is proficient. The statement must notify the ward of the right to:   Seek termination or modification of the conservatorship, or removal of the conservator, and choose an attorney to represent the individual in these matters;   Participate in decision-making to the extent reasonably feasible;   Receive a copy of the conservator's plan under Section 93-20-419, the conservator's inventory under Section 93-20-420, and the conservator's report under Section 93-20-423; and   Object to the conservator's inventory, plan, or report.     If a conservator is appointed for the reasons stated in Section 93-20-401(2)(a)(ii) and the ward is missing, notice under this section to the individual is not required.
MS Code § 93-20-413 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-413. Emergency conservator

  Upon a petition by a person interested in an individual's welfare or a petition filed under Section 93-20-402, the court may appoint an emergency conservator for the individual if the court finds:   Appointment of an emergency conservator is likely to prevent substantial and irreparable harm to the individual's property or financial interests;   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 conservator under Section 93-20-401 exists.     The duration of authority of an emergency conservator may not exceed sixty (60) days and the emergency conservator may exercise only the powers specified in the order of appointment. The emergency conservator'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 conservator under 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 conservator without notice to the respondent and any attorney for the respondent only if the court finds from an affidavit or testimony that the respondent's property or financial interests will be substantially and irreparably harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency conservator 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 conservator under this section is not a determination that a basis exists for appointment of a conservator under Section 93-20-401.   The court may remove an emergency conservator appointed under this section at any time. The emergency conservator shall make any report the court requires.
MS Code § 93-20-415 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-415. Petition for order after appointment

 A ward or a person interested in the welfare of the individual may petition for an order:   Requiring the conservator to furnish a bond or collateral or additional bond or collateral or allowing a reduction in a bond or collateral previously furnished;   Requiring an accounting for the administration of the conservatorship estate;   Directing distribution;   Removing the conservator and appointing a temporary or successor conservator;   Modifying the type of appointment or powers granted to the conservator, if the extent of protection or management previously granted is excessive or insufficient to meet the individual's needs, including because the individual's abilities or supports have changed;   Rejecting or modifying the conservator's plan under Section 93-20-419, the conservator's inventory under Section 93-20-420, or the conservator's report under Section 93-20-423; or   Granting other appropriate relief.
MS Code § 93-20-417 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-417. Terms and requirements of bond

  The following rules apply to the bond required under Section 93-20-416:   Except as otherwise provided by the bond, the surety and the conservator are jointly and severally liable.   By executing a bond provided by a conservator, the surety submits to the personal jurisdiction of the court that issued letters of office to the conservator in a proceeding relating to the duties of the conservator in which the surety is named as a party. Notice of the proceeding must be given to the surety at the address shown in the records of the court in which the bond is filed and any other address of the surety then known to the person required to provide the notice.   On petition of a successor conservator or person affected by a breach of the obligation of the bond, a proceeding may be brought against the surety for breach of the obligation of the bond.   A proceeding against the bond may be brought until liability under the bond is exhausted.     A proceeding may not be brought under this section against a surety of a bond on a matter as to which a proceeding against the conservator is barred.   If a bond under Section 93-20-416 is not renewed by the conservator, the surety or sureties immediately must give notice to the court and the attorney for the conservatorship.
MS Code § 93-20-419 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-419. Conservator's plan

  If required by the court, a conservator must file with the court a plan for investing, protecting, managing, expending, and distributing the assets of the conservatorship estate 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 conservator seeks to deviate significantly from the conservator's plan, a conservator 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 ward and take into account the best interest of the ward as well as the ward's preferences, values, and prior directions, to the extent known to or reasonably ascertainable by the conservator. Along with other items determined necessary by the court, the conservator's plan must include:   A budget containing projected expenses and resources, including an estimate of the total amount of fees the conservator anticipates charging per year and a statement or list of the amount the conservator proposes to charge for each service the conservator anticipates providing to the individual;   How the conservator will involve the individual in decisions about management of the conservatorship estate;   Any step the conservator plans to take to develop or restore the ability of the ward to manage the conservatorship estate; and   An estimate of the duration of the conservatorship.     A conservator must give reasonable notice of the filing of the conservator's plan under subsection (1), together with a copy of the plan, to the ward, a person entitled to notice under Section 93-20-411(5) or a court order, 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.   A ward and any person entitled under subsection (2) to receive notice and a copy of the conservator's plan may object to the plan.   The court must review the conservator's plan filed under subsection (1) and determine whether to approve the plan or require a new plan. In deciding whether to approve the plan, the court shall consider objections made under subsection (3) and whether the plan is consistent with the conservator's duties and powers. The court may not approve the plan until thirty (30) days after its filing.   After a conservator's plan under this section is approved by the court, the conservator must provide a copy of the plan to the ward, a person entitled to notice under Section 93-20-411(5) or a court order, and any other person the court determines.
MS Code § 93-20-420 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-420. Inventory; records

  Unless the inventory requirement has been waived, not later than ninety (90) days after appointment, a conservator must prepare and file with the appointing court a detailed inventory of the conservatorship estate, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits.   A conservator must give reasonable notice of the filing of an inventory to the ward, a person entitled to notice under Section 93-20-411(5) or a court order, and any other person the court determines. The notice must be given not later than fourteen (14) days after the filing.   A conservator must keep records of the administration of the conservatorship estate and make them available for examination on reasonable request of the ward, a guardian for the ward, or any other person the conservator or the court determines.
MS Code § 93-20-422 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 4 - Conservatorship|§ 93-20-422. Distribution from conservatorship estate

 Except as otherwise provided in Section 93-20-414 or qualified or limited in the court's order of appointment and stated in the letters of conservatorship, and unless contrary to a conservator's plan under Section 93-20-419, the conservator may expend or distribute income or principal of the conservatorship estate for the support, care, education, health, or welfare of the ward or an individual who is in fact dependent on the ward, including the payment of child or spousal support, without specific court authorization or confirmation in accordance with the following rules:   The conservator shall consider a recommendation relating to the appropriate standard of support, care, education, health, or welfare for the ward or individual who is dependent on the ward, made by a guardian for the ward, if any, and, if the ward is a minor, a recommendation made by a parent of the minor. If the minor has a father or mother, the court shall determine whether the expense of maintaining and educating the minor shall be borne by the ward's estate.   The conservator acting in compliance with the conservator's duties under Section 93-20-418 is not liable for an expenditure or distribution made based on a recommendation under paragraph (a) unless the conservator knows the expenditure or distribution is not in the best interest of the ward.   In making an expenditure or distribution under this section, the conservator must consider:   The size of the conservatorship estate, the estimated duration of the conservatorship, and the likelihood the ward, at some future time, may be fully self-sufficient and able to manage the individual's financial affairs and the conservatorship estate;   The accustomed standard of living of the ward and individual who is dependent on the ward;   Other funds or sources used for the support of the ward; and   The preferences, values, and prior directions of the ward.   Funds expended or distributed under this section may be paid by the conservator to any person, including the ward, as reimbursement for expenditures the conservator might have made, or in advance for services to be provided to the ward or individual who is dependent on the ward if it is reasonable to expect the services will be performed and advance payment is customary or reasonably necessary under the circumstances.