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 93-20-423 - Conservator's report and accounting; monitoring

(1)
Except as otherwise provided under subsection (11), a conservator must file a report in a record regarding the administration of the conservatorship estate with the court annually unless the court otherwise directs, if provided by will, or made necessary by resignation or removal, or termination of the conservatorship. A conservator must petition the court for approval of a report filed under this section. The court, after review, may approve the report.
(2)
A report under subsection (1) must state or contain:
(a)
An accounting that lists property included in the conservatorship estate and the receipts, disbursements, liabilities, and distributions during the period for which the report is made;
(b)
A list of the services provided to the ward;
(c)
A statement whether the conservator has deviated from the plan and, if so, how the conservator has deviated and why;
(d)
A recommendation as to the need for continued conservatorship and any recommended change in the scope of the conservatorship;
(e)
Anything of more than de minimis value which the conservator, any individual who resides with the conservator, or the spouse, parent, child, or sibling of the conservator has received from a person providing goods or services to the ward; and
(f)
Any business relationship the conservator has with a person the conservator has paid or that has benefited from the property of the ward.
(3)
The court, in its discretion, may request a copy of the most recent reasonably available financial statements evidencing the status of bank accounts, investment accounts, and mortgages or other debts of the ward with all but the last four (4) digits of the account numbers and social security number redacted;
(4)
The court may appoint a guardian ad litem to review a report under this section or a conservator's plan under Section
93-20-419
, to interview the ward or conservator, or to investigate any other matter involving the conservatorship. In connection with the report, the court may order the conservator to submit the conservatorship estate to appropriate examination in a manner the court directs.
(5)
Reasonable notice of the filing under this section of a conservator's report, together with a copy of the report, must be provided to the ward, a person entitled to notice under Section
93-20-411(5)
or a court order, and other persons the court determines. The notice and report must be given not later than fourteen (14) days after filing.
(6)
The court may establish procedures for monitoring a report submitted under this section and review each report at least annually unless otherwise directed by the court. The court must consider whether:
(a)
The reports provide sufficient information to establish that the conservator has complied with the conservator's duties;
(b)
The conservatorship should continue; and
(c)
The conservator's requested fees, if any, should be approved.
(7)
If the court determines there is reason to believe a conservator has not complied with the conservator's duties or the conservatorship should not continue, the court:
(a)
Shall notify the ward, the conservator, and any other person entitled to notice under Section
93-20-411(5)
or a court order;
(b)
May require additional information from the conservator;
(c)
May appoint a guardian ad litem to interview the ward or conservator or investigate any matter involving the conservatorship; and
(d)
Consistent with Sections
93-20-429
and
93-20-430
, may hold a hearing to consider removal of the conservator, termination of the conservatorship, or a change in the powers granted to the conservator or terms of the conservatorship.
(8)
If the court has reason to believe fees requested by a conservator are not reasonable, the court shall hold a hearing to determine whether to adjust the requested fees.
(9)
An order may be entered, after notice and consideration by the court, approving a report of a conservator filed under this section.
(10)
A conservator may seek an order, after notice and hearing, approving a report filed under this section that discharges the conservator from all liabilities, claims, and causes of action by a person given notice of the report and the hearing as to a matter adequately disclosed in the report.
(11)
When the funds and personal property of the ward do not exceed the sum or value of Ten Thousand Dollars ($10,000.00) and there is no foreseeable prospect of further receipt to come into the hands of the conservator other than interest thereon, or in conservatorships in which the only funds on hand or to be received by the guardian are funds paid or to be paid by a government agency providing protective services to adults or children for the benefit of the ward, the chancery court or chancellor in vacation, for good cause shown, in the chancellor's discretion and upon being satisfied it is to the best interest and welfare of the ward, may authorize the guardian to dispense with further annual accounts, except for a final account.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.