reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 3 - GUARDIANSHIP OF ADULT (§§ 93-20-301 — 93-20-318) › Section 93-20-309 - Order on appointment of guardian

(1)
A court order appointing a guardian for an adult must:
(a)
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
(b)
Include a specific finding that clear and convincing evidence established the respondent was given proper summons notifying the respondent of the hearing on the petition.
(2)
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.
(3)
A court order establishing a limited guardianship for an adult must state the specific powers granted to the guardian.
(4)
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:
(a)
Notice of the rights of the adult under Section
93-20-310(2)
;
(b)
Notice of a change in the primary dwelling of the adult;
(c)
Notice that the guardian has delegated:
(i)
The power to manage the care of the adult;
(ii)
The power to make decisions about where the adult lives;
(iii)
The power to make major medical decisions on behalf of the adult;
(iv)
A power that requires court approval under Section
93-20-314
; or
(v)
Substantially all powers of the guardian;
(d)
A copy of the guardian's plan under Section
93-20-315
and the guardian's well-being report under Section
93-20-316
;
(e)
Access to court records relating to the guardianship;
(f)
Notice of the death or significant change in the condition of the adult;
(g)
Notice that the court has limited or modified the powers of the guardian; and
(h)
Notice of the removal of the guardian.
(5)
A spouse and adult children of a ward are entitled to notice under Section
93-20-303
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.
(6)
(a)
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.
(b)
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.
Amended by Laws, 2020, ch. 344, SB 2874,§ 19, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 3 - GUARDIANSHIP OF ADULT (§§ 93-20-301 — 93-20-318) › Section 93-20-310 - Notice of order of appointment; rights

(1)
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.
(2)
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
or a court order. The statement must notify the ward of the right to:
(a)
Seek termination or modification of the guardianship, or removal of the guardian, and choose an attorney to represent the adult in these matters;
(b)
Be involved in decisions affecting the adult, including decisions about the adult's care, dwelling, activities, or social interactions, to the extent reasonably feasible;
(c)
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;
(d)
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;
(e)
Object to a change or move described in paragraph (d) and the process for objecting;
(f)
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:
(i)
The guardian has been authorized by the court by specific order to restrict communications, visits, or interactions;
(ii)
A protective order is in effect that limits contact between the adult and a person; or
(iii)
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;
(g)
Receive a copy of the guardian's plan under Section
93-20-315
and the guardian's well-being report under Section
93-20-316
; and
(h)
Object to the guardian's plan or report.
Amended by Laws, 2020, ch. 344, SB 2874,§ 20, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 3 - GUARDIANSHIP OF ADULT (§§ 93-20-301 — 93-20-318) › Section 93-20-311 - Emergency guardian for adult

(1)
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:
(a)
Appointment of an emergency guardian is likely to prevent substantial harm to the adult's physical health, safety, or welfare;
(b)
No other person appears to have authority and willingness to act in the circumstances; and
(c)
There is reason to believe that a basis for appointment of a guardian under Section
93-20-301
exists.
(2)
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. Summons must be issued on continuation of the guardianship as required in subsection (4).
(3)
Except as otherwise provided in subsection (4), summons giving 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.
(4)
(a)
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:
(i)
The respondent;
(ii)
The respondent's attorney;
(iii)
Any other person the court determines; and
(b)
The court must hold a hearing on the appropriateness of the appointment not later than five (5) days after the appointment.
(5)
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
.
(6)
The court may remove an emergency guardian appointed under this section at any time. The emergency guardian must make any report the court requires.
Amended by Laws, 2020, ch. 344, SB 2874,§ 21, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 3 - GUARDIANSHIP OF ADULT (§§ 93-20-301 — 93-20-318) › Section 93-20-314 - Special limitations on guardian's power

(1)
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.
(2)
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.
(3)
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:
(a)
Authorized by the court by specific order;
(b)
A protective order is in effect that limits contact between the adult and a person; or
(c)
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:
(i)
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
(ii)
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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 3 - GUARDIANSHIP OF ADULT (§§ 93-20-301 — 93-20-318) › Section 93-20-315 - Guardian's plan

(1)
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:
(a)
The living arrangement, services, and supports the guardian expects to arrange, facilitate, or continue for the adult;
(b)
Social and educational activities the guardian expects to facilitate on behalf of the adult;
(c)
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;
(d)
The anticipated nature and frequency of the guardian's visits and communication with the adult;
(e)
Goals for the adult, including any goal related to the restoration of the adult's rights, and how the guardian anticipates achieving the goals;
(f)
Whether the adult has an existing plan and, if so, whether the guardian's plan is consistent with the adult's plan; and
(g)
A statement or list of the amount the guardian proposes to charge for each service the guardian anticipates providing to the adult.
(2)
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.
(3)
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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 3 - GUARDIANSHIP OF ADULT (§§ 93-20-301 — 93-20-318) › Section 93-20-317 - Removal of guardian for adult; appointment of successor

(1)
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.
(2)
Notice of a petition under this section must be given to the ward, the guardian, and any other person the court determines.
(3)
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
.
(4)
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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 3 - GUARDIANSHIP OF ADULT (§§ 93-20-301 — 93-20-318) › Section 93-20-318 - Termination or modification of guardianship for adult

(1)
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.
(2)
Notice of a petition under this section must be given to the ward, the guardian, and any other person the court determines.
(3)
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.
(4)
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.
(5)
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.
(6)
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
.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-401 - Basis for appointment of conservator

(1)
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:
(a)
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
(b)
Either:
(i)
The minor owns funds or other property requiring management or protection that otherwise cannot be provided;
(ii)
The minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age; or
(iii)
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.
(2)
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:
(a)
The adult is unable to manage property or financial affairs because:
(i)
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;
(ii)
The adult is missing, detained, incarcerated, or unable to return to the United States;
(b)
Appointment is necessary to:
(i)
Avoid harm to the adult or significant dissipation of the property of the adult; or
(ii)
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
(c)
The respondent's identified needs cannot be met by a less restrictive alternative.
(3)
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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-402 - Petition for appointment of conservator; notice

(1)
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.
(2)
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.
(3)
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."
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-403 - Notice and hearing for appointment of conservator; notice of hearing after appointment of conservator

(1)
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 unless the court finds that the respondent for whom the conservator is to be appointed is competent and joins in the petition, the petitioner must cause summons to be served not less than seven (7) days before the hearing, together with a copy of the petition, on the person for whom the conservator is to be appointed. The court may, for good cause shown, direct that a shorter notice be given.
(2)
Unless the court finds that the respondent for whom the conservator is to be appointed is competent and joins in the petition, the summons must also issue to:
(a)
Any guardian appointed to the respondent; and
(b)
At least one (1) adult relative of the respondent who resides in Mississippi from the following group in the listed order of preference: spouse, children, parents, siblings; but if none of those can be found:
(i)
To one (1) adult relative of the respondent and who is not the petitioner and who resides in Mississippi if that relative is within the third degree of kinship.
(ii)
If no relative within the third degree of kinship to the respondent is found residing in the State of Mississippi, the court must either designate some other appropriate person to receive the summons or appoint a guardian ad litem to receive the summons.
(3)
In a proceeding under this article, notice of the hearing also must be given to any other person interested in the respondent's welfare that the court determines is entitled to notice. Failure to give notice under this subsection does not preclude the court from appointing a guardian.
(4)
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 summons.
(5)
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 ward, the conservator, and any other person the court determines.
Amended by Laws, 2020, ch. 344, SB 2874,§ 22, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 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; a judgment of any court is not void or erroneous because of the failure to have a guardian ad litem.
Amended by Laws, 2020, ch. 344, SB 2874,§ 23, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-407 - Professional evaluation

(1)
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, and the guardian ad litem must be present at the hearing and present the interests of the respondent.
(2)
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.
(a)
Two (2) licensed physicians; or
(b)
One (1) licensed physician and either one (1) licensed psychologist, nurse practitioner, or physician's assistant.
(3)
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.
(4)
The personal examination requirement in subsections (2) and (3) does not apply if the respondent is:
(a)
Missing, detained or unable to return to the United States; or
(b)
A minor with no other disability or incapacity. However, a personal examination is required to extend a conservatorship beyond the age of majority.
Amended by Laws, 2020, ch. 344, SB 2874,§ 24, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-408 - Rights at hearing

(1)
At a hearing under this article, the respondent may:
(a)
Present evidence and subpoena witnesses and documents;
(b)
Examine witnesses; and
(c)
Otherwise participate in the hearing.
(2)
Unless excused by the court for good cause, a proposed conservator must attend a hearing under this article.
(3)
A hearing under this article must be closed on request of the respondent and a showing of good cause.
(4)
Any person may request to participate in a hearing under this article. 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.
Amended by Laws, 2020, ch. 344, SB 2874,§ 25, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-409 - Confidentiality of records

(1)
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.
(2)
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:
(a)
The court;
(b)
The individual who is the subject of the report or evaluation, without limitation as to use;
(c)
The petitioner, guardian ad litem and petitioner's and respondent's attorneys, for purposes of the proceeding;
(d)
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
(e)
Any other person if it is in the public interest or for a purpose the court orders for good cause.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-410 - Who may be conservator

(1)
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.
(2)
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.
(3)
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:
(a)
The individual is related to the respondent by blood, marriage, or adoption; or
(b)
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.
(4)
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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-412 - Notice of order of appointment; rights

(1)
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.
(2)
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:
(a)
Seek termination or modification of the conservatorship, or removal of the conservator, and choose an attorney to represent the individual in these matters;
(b)
Participate in decision-making to the extent reasonably feasible;
(c)
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
(d)
Object to the conservator's inventory, plan, or report.
(3)
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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-413 - Emergency conservator

(1)
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:
(a)
Appointment of an emergency conservator is likely to prevent substantial and irreparable harm to the individual's property or financial interests;
(b)
No other person appears to have authority and willingness to act in the circumstances; and
(c)
There is reason to believe that a basis for appointment of a conservator under Section
93-20-401
exists.
(2)
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. Summons must be issued on continuation of the guardianship as required in subsection (4).
(3)
Except as otherwise provided in subsection (4), summons giving 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.
(4)
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:
(a)
The respondent;
(b)
The respondent's attorney;
(c)
Any other person the court determines; and
(d)
Hold a hearing on the appropriateness of the appointment not later than five (5) days after the appointment.
(5)
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
.
(6)
The court may remove an emergency conservator appointed under this section at any time. The emergency conservator shall make any report the court requires.
Amended by Laws, 2020, ch. 344, SB 2874,§ 27, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 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:
(a)
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;
(b)
Requiring an accounting for the administration of the conservatorship estate;
(c)
Directing distribution;
(d)
Removing the conservator and appointing a temporary or successor conservator;
(e)
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;
(f)
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
(g)
Granting other appropriate relief.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-417 - Terms and requirements of bond

(1)
The following rules apply to the bond required under Section
93-20-416
:
(a)
Except as otherwise provided by the bond, the surety and the conservator are jointly and severally liable.
(b)
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.
(c)
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.
(d)
A proceeding against the bond may be brought until liability under the bond is exhausted.
(2)
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.
(3)
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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-419 - Conservator's plan

(1)
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)
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;
(b)
How the conservator will involve the individual in decisions about management of the conservatorship estate;
(c)
Any step the conservator plans to take to develop or restore the ability of the ward to manage the conservatorship estate; and
(d)
An estimate of the duration of the conservatorship.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-420 - Inventory; records

(1)
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.
(2)
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.
(3)
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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 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:
(a)
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.
(b)
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.
(c)
In making an expenditure or distribution under this section, the conservator must consider:
(i)
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;
(ii)
The accustomed standard of living of the ward and individual who is dependent on the ward;
(iii)
Other funds or sources used for the support of the ward; and
(iv)
The preferences, values, and prior directions of the ward.
(d)
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.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 4 - CONSERVATORSHIP (§§ 93-20-401 — 93-20-431) › Section 93-20-424 - Attempted transfer of property by the ward

(1)
The interest of a ward in property included in the conservatorship estate is not transferrable or assignable by the ward and is not subject to levy, garnishment, or similar process for claims against the ward unless allowed under Section
93-20-427
.
(2)
If a ward enters into a contract after the right to enter the contract has been delegated to another by the court, the contract is void against the ward and the ward's property but is enforceable against the person that contracted with the ward.
(3)
A person other than the conservator that deals with a ward with respect to property included in the conservatorship estate is entitled to protection provided by law of this state other than this chapter.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.