reglab/housing_qa huggingface dataset:
MS Code § 93-20-202 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 2 - Guardianship of Minor|§ 93-20-202. Petition for appointment of guardian for minor

  A person interested in the welfare of a minor, including the minor, may petition for appointment of a guardian for the minor.   A petition under subsection (1) must comply with the requirement for an affidavit under the Uniform Child Custody Jurisdiction and Enforcement Act (Title 93, Chapter 27, Mississippi Code of 1972) and must also include:   The name and address of any attorney for the parents of the minor;   The reason guardianship is sought and would be in the best interest of the minor;   The name and address of any proposed guardian and the reason the proposed guardian should be selected; and   If the minor has property other than personal effects, a general statement of the minor's property with an estimate of its value.     Notice of a hearing on a petition filed after the appointment of a guardian which seeks an order under this article, together with a copy of the petition, must be given to the respondent, the guardian, and any other person the court determines.
MS Code § 93-20-203 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 2 - Guardianship of Minor|§ 93-20-203. Notice of hearing for appointment of guardian for minor

  If a petition is filed under Section 93-20-202, the court must set a date, time and place for a hearing, and the petitioner must serve not less than seven (7) days' notice of the hearing, together with a copy of the petition, on each of the following who is not the petitioner:   The minor, if the minor will be fourteen (14) years of age or older at the time of the hearing;   Each parent of the minor who can be found with reasonable diligence or, if there is none, the adult nearest in kinship who can be found with reasonable diligence;   Any adult with whom the minor resides;   Each individual who had primary care or custody of the minor for at least sixty (60) days during the six (6) months immediately before the filing of the petition; and   Any other person the court determines should receive service of notice.     A petition under this article 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 HEREIN MAY AFFECT YOUR LEGAL RIGHTS. YOU HAVE A RIGHT TO NOTICE OF ANY HEARING ON THIS PETITION, TO ATTEND ANY SUCH HEARING, AND TO BE REPRESENTED BY AN ATTORNEY."    If a petitioner is unable to serve notice under subsection (1)(a), the court may appoint a guardian ad litem for the minor for the purpose of receiving notice.
MS Code § 93-20-204 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 2 - Guardianship of Minor|§ 93-20-204. Attorney for minor

 The court may appoint an attorney to represent a minor who is the subject of a proceeding under Section 93-20-202 if:   Requested by the minor who is fourteen (14) years of age or older;   Recommended by a guardian ad litem; or   The court determines the minor needs representation.
MS Code § 93-20-205 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 2 - Guardianship of Minor|§ 93-20-205. Rights at hearing

  The court shall require a minor who is the subject of a hearing for appointment of a guardian to attend the hearing and allow the minor to participate in the hearing unless the court determines, by clear and convincing evidence presented at the hearing or at a separate hearing, that:   The minor consistently and repeatedly refused to attend the hearing after being fully informed of the right to attend and, if the minor is fourteen (14) years of age or older, the potential consequences of failing to do so;   There is no practicable way for the minor to attend the hearing;   The minor lacks the ability or maturity to participate meaningfully in the hearing; or   Attendance would be harmful to the minor.     Unless excused by the court for good cause shown, the person proposed to be appointed as guardian for a minor must attend a hearing for appointment of a guardian.   Each parent of a minor who is the subject of a hearing for appointment of a guardian has the right to attend the hearing.
MS Code § 93-20-206 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 2 - Guardianship of Minor|§ 93-20-206. Order on appointment; limited guardianship for minor

  After a hearing under Section 93-20-202, the court may appoint a guardian for a minor, dismiss the proceeding, or take other appropriate action consistent with this chapter or law of this state other than this chapter.   In appointing a guardian under subsection (1), the following apply:   The court shall appoint a person nominated as guardian by a parent of the minor in a will or other record unless the court finds the appointment is contrary to the best interest of the minor.   If multiple parents have nominated different persons to serve as guardian, the court shall appoint the nominee whose appointment is in the best interest of the minor, unless the court finds that appointment of none of the nominees is in the best interest of the minor.   If a guardian is not appointed under paragraph (a) or (b), the court shall appoint the person nominated by the minor if the minor is fourteen (14) years of age or older unless the court finds that appointment is contrary to the best interest of the minor. In that case, the court shall appoint as guardian a person whose appointment is in the best interest of the minor.     In the interest of maintaining or encouraging involvement by a minor's parent in the minor's life, developing self-reliance of the minor, or for other good cause, the court, at the time of appointment of a guardian for the minor or later, on its own or on motion of the minor or other interested person, may create a limited guardianship by limiting the powers otherwise granted by this article to the guardian. Following the same procedure, the court may grant additional powers or withdraw powers previously granted.   The court, as part of an order appointing a guardian for a minor, shall state rights retained by any parent of the minor, which may include contact or visitation with the minor, decision-making regarding the minor's health care, education, or other matter, or access to a record regarding the minor.   An order granting a guardianship for a minor must state that each parent of the minor is entitled to notice that:   The location of the minor's residency has changed;   The court has modified or limited the powers of the guardian; or   The court has removed the guardian.
MS Code § 93-20-207 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 2 - Guardianship of Minor|§ 93-20-207. Emergency guardian for minor

  On a petition by a person interested in a minor's welfare or a petition filed under Section 93-20-202, the court may appoint an emergency guardian for the minor if the court finds:   Appointment of an emergency guardian is likely to prevent substantial harm to the minor's health, safety, or welfare; and   No other person appears to have authority and willingness to act in the circumstances.     The duration of authority of an emergency guardian for a minor 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 one (1) time 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 a petition for appointment of an emergency guardian for a minor must be given to:   The minor, if the minor is fourteen (14) years of age or older;   Any attorney appointed under Section 93-20-204;   Each parent of the minor;   Any person, other than a parent, having care or custody of the minor; and   Any other person the court determines.     The court may appoint an emergency guardian for a minor under subsection (3) without notice or a hearing only if the court finds from an affidavit or testimony that the minor's health, safety, or welfare will be substantially harmed before a hearing after notice of the appointment could be held. If the court appoints an emergency guardian to an unrepresented minor or the attorney for a represented minor without notice, notice of the appointment must be given not later than forty-eight (48) hours after the appointment to the individuals listed in subsection (3). The court must hold a hearing on continuation of a guardianship within five (5) days of any objection or other contest. Not later than five (5) days after the appointment, the court must hold a hearing on the appropriateness of the appointment.   Appointment of an emergency guardian under this section, with or without notice, is not a determination that a basis exists for appointment of a guardian under Section 93-20-201.   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 § 93-20-208 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 2 - Guardianship of Minor|§ 93-20-208. Duties of guardian for minor

  A guardian for a minor is a fiduciary. Except as otherwise limited by the court, a guardian for a minor has the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety, and welfare. A guardian must act in the minor's best interest and exercise reasonable care, diligence, and prudence.   A guardian for a minor must:   Become personally acquainted with the minor and maintain sufficient contact with the minor to know and report to the court the minor's abilities, limitations, needs, opportunities, and physical and mental health;   Take reasonable care of the minor's personal effects and bring a proceeding for a conservatorship if necessary to protect other property of the minor;   Expend funds of the minor that have been received by the guardian for the minor's current needs for support, care, education, health, safety, and welfare;   Conserve any funds of the minor not expended under paragraph (c) for the minor's future needs, but if a conservator is appointed for the minor, pay the funds as directed by the court to the conservator to be conserved for the minor's future needs;   Report the condition of the minor and account for funds and other property of the minor in the guardian's possession or subject to the guardian's control, as required by court rule or ordered by the court on application of a person interested in the minor's welfare;   Inform the court of any change in the minor's dwelling or address; and   In determining what is in the minor's best interest, take into account the minor's preferences to the extent actually known or reasonably ascertainable by the guardian.
MS Code § 93-20-209 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 2 - Guardianship of Minor|§ 93-20-209. Powers of guardian for minor

  Except as otherwise limited by court order, a guardian of a minor has the powers a parent otherwise would have regarding the minor's support, care, education, health, safety, and welfare.   Except as otherwise limited by court order, a guardian for a minor may:   Apply for and receive funds up to the amount set forth in Section 93-20-431 and benefits otherwise payable for the support of the minor to the minor's parent, guardian, or custodian under a statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship.   Unless inconsistent with a court order entitled to recognition in this state, take custody of the minor and establish the minor's place of dwelling and, on authorization of the court, establish or move the minor's dwelling outside this state.   If the minor is not subject to conservatorship, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the minor or make a payment for the benefit of the minor;   Consent to health or other care, treatment, or service for the minor; or   To the extent reasonable, delegate to the minor responsibility for a decision affecting the minor's well-being.     The court may authorize a guardian for a minor to consent to the adoption of the minor if the minor does not have a parent.   A guardian for a minor may consent to the marriage of the minor if authorized by the court.
MS Code § 93-20-210 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 2 - Guardianship of Minor|§ 93-20-210. Removal of guardian for minor; termination of guardianship; appointment of successor

  Guardianship for a minor under this chapter terminates:   On the minor's death, adoption, emancipation, attainment of majority, or on a date set by the court; or   When the court finds that the standard in Section 93-20-201 for appointment of a guardian is not satisfied, unless the court finds that:   Termination of the guardianship would be harmful to the minor; and   The minor's interest in the continuation of the guardianship outweighs the interest of any parent of the minor in restoration of the parent's right to make decisions for the minor.       A ward or any party may petition the court to terminate the guardianship, modify the guardianship, remove the guardian and appoint a successor guardian.   A petitioner under subsection (2) must give notice of the hearing on the petition to the minor, if the minor is fourteen (14) years of age or older and is not the petitioner, and to the guardian, each parent of the minor, and any other person the court determines.   Not later than thirty (30) days after appointment of a successor guardian for a minor, notice must be given of the appointment to the ward, if the minor is fourteen (14) years of age or older, to each parent of the minor, and to any other person the court determines.   When terminating a guardianship for a minor under this section, the court may issue an order providing for transitional arrangements that will assist the minor with a transition of custody and that is in the best interest of the minor.   A guardian for a minor who is removed must cooperate with a successor guardian to facilitate transition of the guardian's responsibilities and protect the best interest of the minor.
MS Code § 93-20-301 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-301. Basis for appointment of guardian for adult

  The court may appoint a guardian for an adult when the respondent lacks the ability to meet essential requirements for physical health, safety or self-care because:   The adult is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services or technological assistance; or   The adult is found to be a person with mental illness or a person with an intellectual disability as defined in Section 41-21-61 who is also incapable of taking care of his or her person.     The court shall grant to a guardian appointed under subsection (1) only those powers necessitated by the limitations and demonstrated needs of the ward and must enter orders that will encourage the development of the ward's maximum self-determination and independence. The court must consider any less restrictive alternative that would meet the needs of the ward.
MS Code § 93-20-302 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-302. Petition for appointment of guardian for adult

  A proceeding under this article may be instituted by the chancellor or clerk of the chancery court, any relative or friend of the adult, or any other interested party, including the adult for whom the order is sought, by filing a sworn petition in the chancery court of the county of the residence of the adult, setting forth that the adult is alleged to be in need of a guardianship.   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 HEREIN MAY AFFECT YOUR LEGAL RIGHTS. YOU HAVE A RIGHT TO NOTICE OF ANY HEARING ON THIS PETITION, TO ATTEND ANY SUCH HEARING, AND TO BE REPRESENTED BY AN ATTORNEY."
MS Code § 93-20-303 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-303. Notice of hearing for appointment of guardian for adult

  On receipt of a petition under Section 93-20-302 for appointment of a guardian for a respondent who is an adult, the court must set a date, time and place for a hearing, and shall cause not less than seven (7) days' notice thereof to be given to the adult for whom the guardian 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 93-20-302, notice of the hearing must also be given to any of the persons required to be listed in the petition under subsection (3) and any other person the court determines is entitled to notice. Failure to give notice does not preclude the court from appointing a guardian.   Unless the court finds that the adult for whom the guardian is to be appointed is competent and joins in the petition, the notice shall also be given to:   Any conservator appointed to the respondent; and   The following persons, listed in order of preference, so that personal service is had on the person for whom the guardian is to be appointed and on at least one (1) relative who resides in Mississippi, other than the petitioner:   Each of the spouse, children, parents and siblings of the adult for whom the guardian is to be appointed, but if none of those can be found, then to:   One (1) adult relative of the person for whom the guardian 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 guardian is to be appointed is found residing in the State of Mississippi, the court shall either designate some other appropriate person to receive the notice or appoint a guardian ad litem to receive notice.       If the person for whom the guardian 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 must 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 guardian, together with a copy of the petition, must be given to the respondent, the guardian, and any other person the court determines.
MS Code § 93-20-304 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-304. Appointment 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 except when the court considers it necessary for the protection of the interest of the respondent; a judgment of any court is not void or erroneous for failure to have a guardian ad litem.
MS Code § 93-20-305 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-305. Professional evaluation

  The chancery court must conduct a hearing to determine whether a guardian 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; the guardian ad litem must be present at the hearing and present the interests of the respondent for whose person a guardian is to be appointed.   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 shall 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 audio-visual 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.
MS Code § 93-20-306 (2020)
2020 Mississippi Code|Title 93 - Domestic Relations|Chapter 20 - Guardianship and Conservatorship|Article 3 - Guardianship of Adult|§ 93-20-306. Rights at hearing

  At a hearing held under Section 93-20-303, 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 shown, a proposed guardian must attend a hearing under Section 93-20-303.   A hearing under Section 93-20-303 must be closed upon request of the respondent and a showing of good cause.   Any person may request to participate in a hearing under Section 93-20-303. 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.